alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BERRY, BY HIS NEXT FRIEND v. GREENFIELD.

Error — irregular proceedings good till reversed — nul tiel record.

Where there is a judgment of a competent court, irregularities in the proceedings cannot be objected in a suit upon the judgment; while unreversed, irregular proceedings conclude the parties to them.

It is error for a court on nul tiel record to find for the defendant on account of mere irregularity in the proceedings.

Error. The suit below was assumpsit for work, &c. Plea, non assumpsit. 2. That plaintiff, by his guardian, entered into an arbitration bond with the defendant of the same controversy, which was submitted and an award made for him. Replication, That the submission and award was under the 18th section of the justices’ act of February, 1824, and the award was returned to justice *Fort,*who entered a judgment on it, and afterwards set it aside, when there was a trial, a judgment, &c. Rejoinder, nul tiel record. At the trial the cause was submitted to the court. The plaintiff below offered the transcript of the judgment and proceedings in evidence, and rested. The court found there was no such record, and gave judgment. It is now asked to reverse this judgment as erroneous.

Wright, J.

The transcript, which is a part of the proceedings, shows that there was such a record as is set forth in the replication. It is alleged that the proceedings are irregular. These irregularities could not be objected in the court below or here — the party aggrieved by the irregular proceedings, should bring them up and have them reversed. While unreversed they conclude the parties to them as judicial acts. 3 *O. R.*206. The court erred in finding there was no such record on the issue of nul tiel record, which was an issue in law. For that error the judgment must be reversed, and the cause remanded for further proceedings.
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<MULTIPLIER> 1000
       
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<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1998
<PERIOD-END>                               DEC-31-1997             DEC-31-1998
<CASH>                                           7,218                   7,476
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   70,930                  89,053
<ALLOWANCES>                                     1,635                   1,435
<INVENTORY>                                     32,236                  41,247
<CURRENT-ASSETS>                               117,947                 150,928
<PP&E>                                         587,910                 751,588
<DEPRECIATION>                                 327,614                 364,896
<TOTAL-ASSETS>                                 385,491                 596,747
<CURRENT-LIABILITIES>                          113,132                 160,845
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                         337               (438,794)
<TOTAL-LIABILITY-AND-EQUITY>                   385,491                 596,747
<SALES>                                        521,707                 588,131
<TOTAL-REVENUES>                               521,707                 588,131
<CGS>                                          437,301                 470,762
<TOTAL-COSTS>                                  437,301                 470,762
<OTHER-EXPENSES>                                58,653                  73,285
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              14,940                  68,379
<INCOME-PRETAX>                                 10,813                (24,295)
<INCOME-TAX>                                       600                   1,092
<INCOME-CONTINUING>                             10,213                (25,387)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                     675
<CHANGES>                                            0                       0
<NET-INCOME>                                    10,213                (26,062)
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
457379 0 =58 (In pocket)

GEOLOGICAL SURVEY BULLETIN 1046 PLATE 12

R2ie. - R.22E. R236,
82°10 82°00’
1 1 cy
7 16 5 4 8 is OCALA|- 1s id Is
TSS. is A VU TRTE: UY, 2 yes EXPLANATION
( e200) i 20 «| 21 Q” 20 =
20 ai Be 23 24
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29°10" A 29°10 Rotio of maximum
iY KS MZ radiation intensity
Y 26 2 Z to background
29 2e 7 ae ee Fe 2 30 29 ze radiation intensit
Y 3 y
Z } Radioactivity anomalies discovered by
Y, ANN W| airborne survey
WZ
ys. * sey ~ [SNE a = | ) 31 32 33 a
V 8 Additional radioactivity onomokes
Y A Be discovered by ground examination
J N | Z SY +82
Vj, | NS WZ Ss 5 R Location ond number of somple of leocherd
V3 2 iz 6 5 | 2 6 afk phosphorite from surface. outcrop
Z \ % AY 30
—— CA ss Location and numbér of auger drill hole
Y y AS
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10 ef < tS Approximate position of excavation
Z |i SS
Z ql /] ‘Sy for Trans - Florida Conal
LL SANTOS 5
Y = a R
ZY NN Limestone quorry
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7 Is a , 7 1s 4 14 18 7 6 ‘NY
Ye EC) is F-63
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29°08 = i 7 7 GY of slickensides
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Z . .S Hi NP 4
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Y ( " leached phosphorite from surface outcrops
LLEVIE} 27
32 33 fu 38 36 3 32 % NY, 32 (601 341
Y =A Py s Sample u P205
Z e2 0.016 15.9
— SN 7 Z r 83 023 168
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29 28 12 26 25 30 ot
YL Wy, Wh
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82°10" 82°06) €2°00' LOCATION OF AREA
eels R22E. R23E.
Bose from Florida State Highway ik sh ; 2 3 4 MILES Airborne radioactivity measurements by
ond Transportation mops with [eee i H i i R. M. Moxham and J. L. Meuschke, 195%
some roads added from cerial :
photographs

Ground examination, drilling, ond sompling
by G.H. Espenshade ond L.A. Bruboker, 1955

RADIOACTIVITY ANOMALIES SOUTH OF OCALA, MARION COUNTY, FLORIDA
#### § 141.29 [Reserved]
#### Paul M. Farnsworth *v.*Josiah Paul, et al.

Where the plaintiff is required to pay all costs as a condition precedent to the setting aside a judgment of non-suit, the costs of a jury struck at the defendants’ instance, are properly included.

General Term. — Reserved to the general term upon plaintiff’s motion to retax costs.

The facts sufficiently appear in the decision.

*Donn, Piatt,*for plaintiff.

*Lincoln, Smith & Warnock,*for defendants.

Storer, J.,

delivered the opinion of the court.

At the request of the plaintiff, the judge at special term, reserved the following question for the opinion of all the judges:

When a non-suit is opened up on terms, and the plaintiff is required to pay the costs, are the fees of a jury, struck under the statute, and which have already been paid by the defendants, to be included, when the jury has been struck at the instance of defendants.

Section 3 of the law of 1853, providing for struck juries, requires the party who asks the jury, to pay the fee, and he *424shall not have any allowance therefor in the taxation of costs, unless the court shall be of opinion that the cause required such special jury.

We suppose this provision restricts the clei'k in taxing the costs, and forbids the fee of a struck jury to be included in the bill, unless the court shall determine a proper case exists to charge them to the losing party.

When, however, a new trial is granted, or a non-suit opened up on terms, the court, we are satisfied, are not limited in their discretion. While they impose conditions upon the party in whose favor their discretion is exercised, they themselves must necessarily be the sole judges of the propriety and reasonableness of the conditions.

It is said in Graham & Waterman upon New Trials, vol. 1, 597-599, that “the discretion of the courtis unlimited, the governing principle being to do strict justice between the contending parties.” “ Costs are generally allowed as a matter of strict right, they are the mulct the law exacts for irregularities, and justice requires that the party who is compelled to try his case anew, should not be placed in a worse situation than his adversary.”

There is a class of eases in which the rule is applied, or withheld, as the court may think just, under all the circumstances ; but whenever the conditions are fixed, they must be complied with, and like all rulings of the tribunal, involving discretion merely, can not be inquired into on error, or by any other legal process.

We think, in this case, the court had the right to require the payment of all the costs as a condition of opening up the non-suit, and it is ordered that it be so certified to the special term.

Motion overruled.
EXHIBIT 32.1



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 Quartely Report of Ecosphere Technologies, Inc. (the Company) on Form 10-QSB for the period ending September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I Dennis McGuire, Chief Executive 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/ DENNISMCGUIRE

Dennis McGuire,

Chief Executive Officer



Date:  December 8, 2006



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.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-01-1997
<PERIOD-START>                             FEB-04-1996
<PERIOD-END>                               MAY-04-1996
<CASH>                                          14,334
<SECURITIES>                                    22,748
<RECEIVABLES>                                    7,961
<ALLOWANCES>                                         0
<INVENTORY>                                    120,042
<CURRENT-ASSETS>                               173,476
<PP&E>                                         166,476
<DEPRECIATION>                                  63,789
<TOTAL-ASSETS>                                 280,882
<CURRENT-LIABILITIES>                           35,338
<BONDS>                                         59,172
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     20,000
<COMMON>                                            58
<OTHER-SE>                                     144,365
<TOTAL-LIABILITY-AND-EQUITY>                   280,882
<SALES>                                         84,992
<TOTAL-REVENUES>                                84,992
<CGS>                                           64,378
<TOTAL-COSTS>                                   25,508
<OTHER-EXPENSES>                                 1,083
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,556
<INCOME-PRETAX>                                (5,977)
<INCOME-TAX>                                   (2,451)
<INCOME-CONTINUING>                            (3,526)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,526)
<EPS-PRIMARY>                                   (0.21)
<EPS-DILUTED>                                   (0.21)
        

</TABLE>
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 Annual Report of Avalon Holdings Corporation (the registrant) on Form 10-K for the year ending December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the
report), I, Chief Financial Officer of the registrant, certify, pursuant to 18 U.S.C. (a) 1350, as adopted pursuant to (a) 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, 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 registrant.



|                                                    
|----------------------------------------------------
|/s/ Frank Lamanna                                   
|Frank Lamanna Chief Financial Officer April 14, 2005
#### § 121.907 Definitions.

The following definitions apply to this subpart:

*Crew Resource Management (CRM)* means the effective use of all the resources available to crewmembers, including each other, to achieve a safe and efficient flight.

*Curriculum outline* means a listing of each segment, module, lesson, and lesson element in a curriculum, or an equivalent listing acceptable to the FAA.

*Evaluation of proficiency* means a Line Operational Evaluation (LOE) or an equivalent evaluation under an AQP acceptable to the FAA.

*Evaluator* means a person who assesses or judges the performance of crewmembers, instructors, other evaluators, aircraft dispatchers, or other operations personnel.

*First Look* means the assessment of performance to determine proficiency on designated flight tasks before any briefing, training, or practice on those tasks is given in the training session for a continuing qualification curriculum. First Look is conducted during an AQP continuing qualification cycle to determine trends of degraded proficiency, if any, due in part to the length of the interval between training sessions.

*Instructional systems development* means a systematic methodology for developing or modifying qualification standards and associated curriculum content based on a documented analysis of the job tasks, skills, and knowledge required for job proficiency.

*Job task listing* means a listing of all tasks, subtasks, knowledge, and skills required for accomplishing the operational job.

*Line Operational Evaluation (LOE)* means a simulated line environment, the scenario content of which is designed to test integrating technical and CRM skills.

*Line Operational Simulation (LOS)* means a training or evaluation session, as applicable, that is conducted in a simulated line environment using equipment qualified and approved for its intended purpose in an AQP.

*Planned hours* means the estimated amount of time (as specified in a curriculum outline) that it takes a typical student to complete a segment of instruction (to include all instruction, demonstration, practice, and evaluation, as appropriate, to reach proficiency).

*Qualification standard* means a statement of a minimum required performance, applicable parameters, criteria, applicable flight conditions, evaluation strategy, evaluation media, and applicable document references.

*Qualification standards document* means a single document containing all the qualification standards for an AQP together with a prologue that provides a detailed description of all facets of the evaluation process.

*Special tracking* means assigning a person to an augmented schedule of training, checking, or both.

*Training session* means a contiguously scheduled period devoted to training activities at a facility approved by the FAA for that purpose.

*Variant* means a specifically configured aircraft for which the FAA has identified training and qualifications that are significantly different from those applicable to other aircraft of the same make, model, and series.
GOLDEN AMERICAN LIFE INSURANCE COMPANY
                            SURPLUS NOTE

Golden American Life Insurance Company agrees to pay ING America
Insurance Holdings, Inc. a Delaware corporation, the sum of $75 million
($75,000,000.00) plus interest at the rate of 7.75%  per annum from the
date hereof, September 30, 1999 until paid.  In any event, this note
will mature on September 29, 2029.

This Surplus Note and accrued interest thereon shall be subordinate to
payments due to policyholders, claimant and beneficiary claims, as well
as debts owed to all other classes of debtors, other than surplus note
holders, of Golden American Life Insurance Company in the event of (a)
the institution of bankruptcy, reorganization, insolvency or
liquidation proceedings by or against Golden American Life Insurance
Company, or (b) the appointment of a Trustee, receiver or other
Conservator for a substantial part of Golden American Life Insurance
Company properties.

Any payments made shall first apply to accrued interest, and the
balance of such payment shall apply to reduce the principal of this
Note.

Any payment of principal and/or interest made shall be subject to the
prior approval of the Delaware Insurance Commissioner.  If the
Commissioner has not approved payment of principal to retire the note
prior to its maturity date, the maturity date will be automatically
extended until such time as the Commissioner authorizes payment of the
final balance of principal.

Golden American Life Insurance Company hereby waives presentment and
notice of dishonor.

In witness whereof, Golden American Life Insurance Company has caused
this Note to be executed and delivered.


                                GOLDEN AMERICAN LIFE INSURANCE COMPANY

                                By: /s/ Stephen J. Preston
                                   --------------------------------
                                     Stephen J. Preston, Executive
                                         Vice President


Attest by:

/s/ David L. Jacobson
--------------------------
David L. Jacobson
Senior Vice President and
    Assistant Secretary
**Exhibit
      32.2**




**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. § 1350, AS ADOPTED PURSUANT TO**


**§
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the filing with the Securities and Exchange Commission of the
      Quarterly Report of Lakeland Industries, Inc. (the “Company”) on Form 10-Q for
      the period ending April 30, 2006 (the “Report”), I, Gary Pokrassa, Chief
      Financial 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 the best of
      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/Gary
      Pokrassa


Gary
      Pokrassa,


Chief
      Financial Officer





June
      8,
      2006






24
Exhibit 23.2

CONSENT OF INDEPENDENT PETROLEUM ENGINEERS

Schlumberger Data and Consulting Services
consents to the references to our firm in the form and context in which they appear in the Annual Report on Form 10-K of Quicksilver Resources Inc. (the Company) for the year ended December 31, 2005. We further consent to the
use of information contained in our reports, as of December 31, 2005, 2004 and 2003, setting forth the estimates of revenues from the Companys oil and gas reserves in such Annual Report on Form 10-K. We further consent to the
incorporation by reference of such Annual Report on Form 10-K into Registration Statement Nos. 333-69496, 333-89204, 333-92196, 333-122361 and 333-130597 on Form S-3 and Registration Statement Nos. 333-94387, 333-91526, 333-113617 and
333-116180 on Form S-8 of the Company.



SCHLUMBERGER DATA AND CONSULTING SERVICESBy:

/S/ JOSEPH H. FRANTZ, JR.Joseph H. Frantz, Jr. USLE Consulting Services
Manager


Dallas, Texas

March 1, 2006
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3927 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 3927

To establish a 90-day limit to file a petition for judicial review of a 
  permit, license, or approval for a highway or public transportation 
                    project, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2020

  Mr. Cruz (for himself, Mr. Lankford, and Mr. Cotton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To establish a 90-day limit to file a petition for judicial review of a 
  permit, license, or approval for a highway or public transportation 
                    project, and for other purposes.

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

SECTION 1. LIMITATIONS ON CLAIMS.

    (a) In General.--Section 139(l) of title 23, United States Code, is 
amended by striking ``150 days'' each place it appears and inserting 
``90 days''.
    (b) Conforming Amendments.--
            (1) Section 330(e) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (2)(A), by striking ``150 days'' 
                and inserting ``90 days''; and
                    (B) in paragraph (3)(B)(i), by striking ``150 
                days'' and inserting ``90 days''.
            (2) Section 24201(a)(4) of title 49, United States Code, is 
        amended by striking ``of 150 days''.
                                 <all>
```