alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 192.240 Submission of documents to the appropriate Federal banking agency after the members' meeting. ( a ) *Filings after members' meeting.* Promptly after the members' meeting, a savings association must file all of the following information with the appropriate OCC licensing office, if the savings association is Federally-chartered, and with the appropriate FDIC region if the savings association is State-chartered. ( 1 ) A certified copy of each adopted resolution on the conversion.
( 2 ) The total votes eligible to be cast.
( 3 ) The total votes represented in person or by proxy.
( 4 ) The total votes cast in favor of and against each matter.
( 5 ) The percentage of votes necessary to approve each matter.
( 6 ) An opinion of counsel that the savings association conducted the members' meeting in compliance with all applicable State or Federal laws and regulations.
( b ) *Filing after conversion.* Promptly after completion of the conversion, the savings association must submit an opinion of counsel that it complied with all laws applicable to the conversion.
42336.

#### HYDE, Next Friend v. BRYANT.

Submitted October 4, 1966

Decided October 31, 1966.

*536*Muskett & Moore, Charles E. Muskett,*for appellant.

*Beeves & Collier, Bex T. Beeves,*for appellee.

Felton, Chief Judge.

“A landlord is not liable for injuries to his tenant or to the members of the latter’s family for injuries resulting from a patent defect existing at the time of the rental agreement as to which both the landlord and the tenant had equal knowledge.” *Golf Club Co. v. Bothstein,*97 Ga. App. 128 (102 SE2d 654) and cit., affirmed, *Bothstein v. Golf Club Co.,*214 Ga. 187 (104 SE2d 83); *Driver v. Maxwell,*56 Ga. 11 (2); *Aikin v. Perry,*119 Ga. 263 (2, 3) (46 SE 93); *King v. Smith,*47 Ga. App. 360 (170 SE 546); *Davis v. General Gas Corp.,*106 Ga. App. 317, 321 (2) (126 SE2d 820). “A latent defect is one which could not have been discovered by inspection. A *patent*defect is a defect which could be discovered by inspection.” (Emphasis supplied.) *Washburn Storage Co. v. General Motors Corp.,*90 Ga. App. 380, 384 (2) (83 SE2d 26).

The petition does not allege that the child’s injuries were caused by a *defect*in the heater, but merely that the absence of a protective device on the heater was a dangerous condition. It does not appear in what way the heater was any more dangerous than would be an open fireplace, for example. Even if this condition be considered a defect, however, it was a patent one, which reasonably could have been discovered by the plaintiff at the commencement of the lease, which occurred in November, at which time heaters are normally in use in this *537climate. While a child of three years of age is conclusively presumed to be incapable of contributory negligence and any negligence of his parent or parents would not be imputable to the child in an action in the child’s behalf *(Oglesby v. Rutledge,*67 Ga. App. 656, 657 (2) (21 SE2d 497); *Anthony v. Dutton,*73 Ga. App. 389 (2a) (36 SE2d 836)), as was pointed out in *Golf Club Co. v. Rothstein,*97 Ga. App. 128, supra, p. 131, “this case does not turn upon contributory negligence on the part of the plaintiff, but rather on lack of negligence on that of the defendant.”

The court did not err in its judgment sustaining the general demurrer to the petition.

*Judgment affirmed.*

*Frankum and Parnell, 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 on Form 10-QSB of Arrow Resources
      Development, Inc. (the "Company") for the quarterly period ended on March 31,
      2006, as filed with the Securities and Exchange Commission on the date hereof
      (the "Report"), I, Peter Frugone, Principal Accounting Officer of the Company,
      certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 Company.





/s/
      Peter
      Frugone


________________________________


Peter
      Frugone





Date: May
      15, 2006.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2937 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2937

 To designate the facility of the United States Postal Service located 
  at 48 South Broadway in Nyack, New York, as the ``John G. Dow Post 
                           Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

  Mr. Engel (for himself, Mrs. Lowey, and Mrs. Kelly) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
  at 48 South Broadway in Nyack, New York, as the ``John G. Dow Post 
                           Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. JOHN G. DOW POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 48 South Broadway in Nyack, New York, shall be known and 
designated as the ``John G. Dow Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the John G. Dow 
Post Office Building.
                                 <all>
```
<PAGE>   1
                                                                      EXHIBIT 23


                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
pertaining to the 1989, 1991 and 1993 stock option plans and the 1995
performance equity plan, (Form S-8 No. 33-00142), (Form S-8 No. 33-00144),
Employee Stock Purchase Plan (Form S-8 No. 333-30197), 1995 Nonqualified Stock
Option Plan for Non-Employee Directors and certain nonqualified stock options
(Form S-8 No. 333-31439), Senior PIK Preferred Stock (Form S-4 No. 333-42017),
Senior Secured Notes (Form S-4 No. 333-42037), and Registration of shares
underlying certain warrants (Form S-3 No. 333-50853) of our report dated
February 19, 1999, with respect to the consolidated financial statements of
Source Media, Inc. included in the Annual Report (Form 10-K) for the year ended
December 31, 1998.


                                                           /s/ ERNST & YOUNG LLP


Dallas, Texas
March 29, 1999
[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Notices]
[Pages 51173-51174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23901]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,202]


Sappi Fine Paper N.S., a Subsidiary of Sappi Ltd., Including On-
Site Leased Workers From ABB, Inc., Storeroom Solutions, Schneider 
Trucking, Sonoco Co. and Foreway Trucking, Muskegon, MI; Amended 
Certification Regarding Eligibility To Apply for Worker Adjustment 
Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a 
Certification of Eligibility To Apply for Worker Adjustment Assistance 
on June 19, 2009, applicable to workers of Sappi Fine Paper N.A., a 
subsidiary of Sappi Ltd., including on-site leased workers from ABB, 
Inc., Muskegon, Michigan. The notice was published in the Federal 
Register September 2, 2009 (74 FR 45477).
    At the request of the State Agency, the Department reviewed the 
certification for workers of the subject firm. The workers are engaged 
in activities related to the production of fine coated paper.
    The company reports that on-site leased workers from Storeroom 
Solutions, Schneider Trucking, Sonoco Co., and Foreway Trucking were

[[Page 51174]]

employed on-site at the Muskegon, Michigan location of Sappi Fine Paper 
N.A., a subsidiary of Sappi Ltd. The Department has determined that 
these workers were sufficiently under the control of the subject firm 
to be considered leased workers.
    Based on these findings, the Department is amending this 
certification to include workers leased from Storeroom Solutions, 
Schneider Trucking, Sonoco Co. and Foreway Trucking working on-site at 
the Muskegon, Michigan location of Sappi Fine Paper N.A., a subsidiary 
of Sappi Ltd.
    The amended notice applicable to TA-W-71,202 is hereby issued as 
follows:

    All workers of Sappi Fine Paper N.A., a subsidiary of Sappi 
Ltd., including on-site leased workers from ABB, Inc., Storeroom 
Solutions, Schneider Trucking, Sonoco Co. and Foreway Trucking, 
Muskegon, Michigan, who became totally or partially separated from 
employment on or after June 12, 2008, through July 22, 2011, and all 
workers in the group threatened with total or partial separation 
from employment on date of certification through two years from the 
date of certification, are eligible to apply for adjustment 
assistance under Chapter 2 of Title II of the Trade Act of 1974, as 
amended.

    Signed at Washington, DC, this 22nd day of September 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-23901 Filed 10-2-09; 8:45 am]
BILLING CODE 4510-FN-P
Exhibit 99.1



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


In  connection with the Quarterly Report of AEI Real  Estate
Fund XV Limited Partnership (the "Partnership") on Form  10-
QSB  for  the period ended June 30, 2002, as filed with  the
Securities  and Exchange Commission on the date hereof  (the
"Report"),  I,  Robert  P. Johnson, President  of  AEI  Fund
Management 86-A, Inc., the Managing General Partner  of  the
Partnership,  certify,  pursuant  to  18  U.S.C.  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
          Partnership.


                            /s/ Robert P Johnson
                                Robert P. Johnson
                                President of
                                AEI Fund Management 86-A, Inc.,
                                the Managing General Partner
                                August 6, 2002
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-20221 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FREDDY OCAMPO ARCE, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-91-CR-149-3

- - - - - - - - - - October 21, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM: * Appellant Freddy Ocampo Arce (Arce), federal prisoner # 59323-079, appeals the district courts denial of his motion for modification of the imposed term of imprisonment under 18 U.S.C. § 3582(c)(2). Arce argues that his sentence should be reduced under Amendment 518 to U.S. Sentencing Guideline § 2D1.1 based on the amount of drugs he actually delivered rather than the amount he negotiated. Additionally, Arce argues that Amendment 442 to § 1B1 allows the retroactive application of Amendment 518.No. 97-20221 -2- Because Amendments 518 and 442 are not listed as retroactive in § 1B1.10(c) of the Guidelines, Arce’s claim concerning these amendments is not cognizable under § 3582(c)(2). See United States v. Shaw , 30 F.3d 26, 28- 29 (5th Cir. 1994). Arce’s appeal is without arguable merit and is thus frivolous. Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2. APPEAL DISMISSED.
CONTINUUM CARE OF DEDHAM, INC.
                 197 FIRST AVENUE, NEEDHAM, MASSACHUSETTS 02494

                                                                  Exhibit 10.182
                                                            As of March 30, 1999

CareMatrix of Dedham, Inc.
197 First Avenue
Needham, Massachusetts 02494

      Re:   Lease dated as of August 20, 1997, by and between Continuum Care of
            Dedham, Inc. ("Chancellor"), as landlord, and CareMatrix of Dedham,
            Inc. ("CareMatrix"), as tenant (the "Lease")

Ladies and Gentlemen:

      This letter agreement is intended to confirm our understanding with
respect to certain aspects of the above-referenced Lease, and to acknowledge the
payment by you of certain amounts in connection therewith. Capitalized terms
used herein and not defined herein shall have the meanings for such terms set
forth in the Lease.

      CareMatrix and Chancellor hereby confirm and agree that in connection with
our entering into the Lease, CareMatrix agreed to bear all expenses incurred in
connection with the operation of the Leased Property, including, without
limitation, that certain working capital loan from The Chase Manhattan Bank in
the original principal amount of $1,800,000 (the "W/C Loan").

      We hereby acknowledge that we have received from you today the sum of
$1,800,000, which amount has been used by us to payoff and discharge in full all
obligations under the W/C Loan.

      Please indicate your acknowledgement and agreement to the matters set
forth herein by signing the enclosed counterpart of this letter where indicated
and returning it to the undersigned.


                                                Very truly yours,


                                                CONTINUUM CARE OF DEDHAM, INC.


                                                By:/s/ Abraham D. Gosman
                                                   ----------------------
                                                Name:
                                                Title:
                                                hereunto duly authorized

Acknowledged and agreed as of this 30th day of March, 1999

CAREMATRIX OF DEDHAM, INC.

By:/s/ David B. Currie
   --------------------
Name: David B. Currie
Title: VP
hereunto duly authorized
§ 269b.520 Exceptions to hearing officer's report. ( a ) Any party may file with the panel exceptions to the hearing officer's report and recommendations, and any ruling contained therein, if made within 10 days after service of the report and recommendations. The Panel may, for good cause shown, extend the time for filing such exceptions upon written request, with copies served simultaneously on the other parties, received not later than 3 days before the date exceptions are due. Requests for oral argument will not be considered unless filed with exceptions.
( b ) Any exception to a ruling, finding, conclusion, or recommendation which is not specifically urged shall be deemed to have been waived, although the panel may on its own motion rule upon any matter in the report and recommendations.
( c ) Any exception which fails to comply with the following requirements may be disregarded: ( 1 ) The exceptions shall set forth specifically the questions of procedure, fact, law, or policy to which exceptions are taken;
( 2 ) The exceptions shall identify the part of the hearing officer's report to which objection is made;
( 3 ) The exceptions shall designate by precise citation of page the portions of the record relied on, shall state the grounds for the exceptions, and shall include the citation of authorities unless set forth in a supporting brief.
( d ) Any brief in support of exceptions shall contain no matter not included within the scope of the exceptions and shall contain in the order indicated, the following: ( 1 ) A concise statement of the case containing all that is material to the consideration of the questions presented;
( 2 ) A specification of the questions involved and to be argued;
( 3 ) The argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page reference to the transcript and the legal or other material relied on.
( e ) Answering briefs to the exceptions, and cross-exceptions and supporting briefs will not be permitted without special leave of the panel. Requests for oral argument will not be considered unless accompanying such petition for special leave.
( f ) Five copies of exceptions and briefs must be filed with the panel along with a statement of service of copies of the exceptions and supporting briefs upon all parties.
§ 221.112 Loans by bank in capacity as trustee. ( a ) The Board's advice has been requested whether a bank's activities in connection with the administration of an employees' savings plan are subject to this part.
( b ) Under the plan, any regular, full-time employee may participate by authorizing the sponsoring company to deduct a percentage of his salary and wages and transmit the same to the bank as trustee. Voluntary contributions by the company are allocated among the participants. A participant may direct that funds held for him be invested by the trustee in insurance, annuity contracts, Series E Bonds, or in one or more of three specified securities which are listed on a stock exchange. Loans to purchase the stocks may be made to participants from funds of the trust, subject to approval of the administrative committee, which is composed of five participants, and of the trustee. The bank's right to approve is said to be restricted to the mechanics of making the loan, the purpose being to avoid cumbersome procedures.
( c ) Loans are secured by the credit balance of the borrowing participants in the savings fund, including stock, but excluding (in practice) insurance and annuity contracts and government securities. Additional stocks may be, but, in practice, have not been pledged as collateral for loans. Loans are not made, under the plan, from bank funds, and participants do not borrow from the bank upon assignment of the participants' accounts in the trust.
( d ) It is urged that loans under the plan are not subject to this part because a loan should not be considered as having been made by a bank where the bank acts solely in its capacity of trustee, without exercise of any discretion.
( e ) The Board reviewed this question upon at least one other occasion, and full consideration has again been given to the matter. After considering the arguments on both sides, the Board has reaffirmed its earlier view that, in conformity with an interpretation not published in the Code of Federal Regulations which was published at page 874 of the 1946 Federal Reserve Bulletin (*See* 12 CFR 261.10(f) for information on how to obtain Board publications.), this part applies to the activities of a bank when it is acting in its capacity as trustee. Although the bank in that case had at best a limited discretion with respect to loans made by it in its capacity as trustee, the Board concluded that this fact did not affect the application of the regulation to such loans.
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§ 308.18 Commencement of proceeding and contents of notice. ( a ) *Commencement of proceeding.* ( 1 ) ( i ) Except for change-in-control proceedings under section 7(j)(4) of the FDIA, 12 U.S.C. 1817(j)(4), a proceeding governed by this subpart is commenced by issuance of a notice by the FDIC.
( ii ) The notice must be served by Enforcement Counsel upon the respondent and given to any other appropriate financial institution supervisory authority where required by law. Enforcement Counsel may serve the notice upon counsel for the respondent, provided that Enforcement Counsel has confirmed that counsel represents the respondent in the matter and will accept service of the notice on behalf of the respondent.
( iii ) Enforcement Counsel must file the notice with OFIA.
( 2 ) Change-in control proceedings under section 7(j)(4) of the FDIA (12 U.S.C. 1817(j)(4)) commence with the issuance of an order by the FDIC.
( b ) *Contents of notice.* Notice pleading applies. The notice must provide: ( 1 ) The legal authority for the proceeding and for the FDIC's jurisdiction over the proceeding;
( 2 ) Matters of fact or law showing that the FDIC is entitled to relief;
( 3 ) A proposed order or prayer for an order granting the requested relief;
( 4 ) The time, place, and nature of the hearing as required by law or regulation;
( 5 ) The time within which to file an answer as required by law or regulation;
( 6 ) The time within which to request a hearing as required by law or regulation; and
( 7 ) That the answer and/or request for a hearing must be filed with OFIA.