alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Crim. No. 467.

Department One.

November 26, 1898.]

#### THE PEOPLE, Respondent, v. COLONEL L. TUPPER, Appellant.

Criminal Law—New Tbial—Absence oe Judge erom Courtroom.— A defendant convicted of a felony is entitled to a new trial where it appears, without conflict, that the judge absented himself from the courtroom for a period of twenty minutes during the argument of the case, and that during such absence he was out of sight and hearing of the proceedings going on in the courtroom.

*425Id.—Judge a Component Part op Court—Process op Law.—The judge is a component part of the court, and there can be no court without him, and what was done in his absence was done in the absence of the court; and a defendant convicted under such circumstances has been deprived .of his liberty without due process of law.

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. B. N. Smith, Judge.

The facts are stated in the opinion of the court.

Bernard L. Mills, for Appellant.

W. E. Fitzgerald, Attorney General, and Charles H. Jackson, Deputy Attorney General, for Respondent.

GAROUTTE, J.

Defendant was convicted of a felony, and as ground for a new trial he alleged by affidavit, which was not contradicted, that during the argument of the case to the jury the Judge absented himself from the courtroom for the period of twenty minutes. It was also alleged by the affidavit that during such absence the judge was out of sight and hearing of the proceedings going on within the courtroom. The foregoing facts being undisputed, we are fully satisfied they demand a retrial of the defendant. The argument of the case to the jury is as much a part of the trial as the introduction of evidence. And evidence may be introduced before the jury, in the absence of the judge, if the practice here pursued may be held justified within the law. It is hardly necessary to present either argument or authority to show that neither of these practices can be justified. The judge is a component part of the court. There can be no court without the judge. And all that was done in the absence of the judge was in fact done in the absence of the court. A defendant convicted under such circumstances has been deprived of his liberty without due process of law. As fully supporting these views we cite *O’Brien v. People,*17 Colo. 561; *Turbeville v. State,*56 Miss. 793; *State v. Beuerman*(Kan. 1898), 53 Pac. Rep. 874.

The judgment and order are reversed and cause remanded for a new trial.

Van Fleet, J., and Harrison, J., concurred.
#### § 291.50 Enforcement.

In case of any violation of any of the provisions of 49 U.S.C. Subtitle VII , or this part, or any other rule, regulation, or order issued under the Statute, the violator may be subject to a proceeding pursuant to section 46101 of 49 U.S.C. Subtitle VII before the Department, or sections 46106 through 46108 of 49 U.S.C. Subtitle VII before a U.S. District Court, as the case may be, to compel compliance therewith; or to civil penalties pursuant to the provisions of section 46301 of 49 U.S.C. Subtitle VII.

[60 FR 43526, Aug. 22, 1995, as amended by DOT-OST-2014-0140, 84 FR 15933, Apr. 16, 2019]
<TABLE> <S> <C>

<PAGE>

<ARTICLE>  5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF GEO SPECIALTY CHEMICALS, INC. AS OF SEPTEMBER 30,
2000 AND THE CONSOLIDATED STATEMENTS OF OPERATIONS FOR THE THREE MONTHS ENDED
SEPTEMBER 30, 2000.  EXCEPT FOR THE DATES AND EPS NUMBERS, ALL OTHER AMOUNTS ARE
IN THOUSANDS OF DOLLARS.

<CAPTION>
</LEGEND>
<S>                            <C>
<PERIOD-TYPE>                  3-MOS
<FISCAL-YEAR-END>              DEC-31-2000
<PERIOD-START>                 JUL-01-2000
<PERIOD-END>                   SEP-30-2000
<CASH>                          $    6,218
<SECURITIES>                             0
<RECEIVABLES>                       36,823
<ALLOWANCES>                           336
<INVENTORY>                         17,125
<CURRENT-ASSETS>                    62,614
<PP&E>                             119,897
<DEPRECIATION>                      25,495
<TOTAL-ASSETS>                     196,944
<CURRENT-LIABILITIES>               22,098
<BONDS>                            120,000
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              0
<COMMON>                                 0
<OTHER-SE>                          25,570
<TOTAL-LIABILITY-AND-EQUITY>       196,944
<SALES>                             53,867
<TOTAL-REVENUES>                    53,867
<CGS>                               36,475
<TOTAL-COSTS>                       43,226
<OTHER-EXPENSES>                       301
<LOSS-PROVISION>                         0
<INTEREST-EXPENSE>                   3,840
<INCOME-PRETAX>                      7,102
<INCOME-TAX>                         2,863
<INCOME-CONTINUING>                  4,239
<DISCONTINUED>                           0
<EXTRAORDINARY>                          0
<CHANGES>                                0
<NET-INCOME>                         4,239
<EPS-BASIC>                      31,169.12
<EPS-DILUTED>                    31,169.12


</TABLE>
#### § 375.22 Flight operations.

Flights of foreign civil aircraft in the United States shall be conducted in accordance with the currently applicable rules of the Federal Aviation Administration in 14 CFR chapter I.

[OST Doc. No. 42547, 51 FR 7254, Mar. 3, 1986, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15940, Apr. 16, 2019]
Exhibit
23.1




Consent
of Independent Registered Public Accounting Firm




The Board
of Directors


Pulaski
Financial Corp.:





We
consent to the incorporation by reference in the registration statements (No.
333-32986, No. 333-84392, No. 333-84515, No. 333-112962, No. 333-135895, No.
333-157740, and No. 333-161784) on Form S-8 and in the registration statements
(No. 333-128997 and No. 333-161783) on Form S-3 of Pulaski Financial Corp. and
subsidiaries (the Company) of our report dated December 18, 2009, with respect
to the consolidated balance sheets of the Company as of September 30, 2009 and
2008, and the related consolidated statements of income and comprehensive
income, stockholders’ equity, and cash flows for each of the years in the
three-year period ended September 30, 2009, and the effectiveness of internal
control over financial reporting as of September 30, 2009, which report is
incorporated by reference in the September 30, 2009 annual report on Form 10-K
of the Company.




/s/KPMG LLP




St.
Louis, Missouri


December 18,
2009
[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Notices]
[Page 25945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11111]


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

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-35,196


New Monarch Machine Tool, Inc. Formerly Known as Monarch Machine 
Tool Company Cortland, NY; Amended Certification Regarding Eligibility 
To Apply for Worker Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 USC 
2273) the Department of Labor issued a Certification of Eligibility to 
Apply for Worker Adjustment Assistance on December 2, 1998, applicable 
to workers of Monarch Machine Tool Co., Cortland, New York. The notice 
was published in the Federal Register on December 23, 1998 (63 FR 
71165).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers are engaged 
in the production of vertical machining centers. Findings show that 
Monarch Machine Tool Co. was sold in February, 2000 to local management 
and is now known as New Monarch Machine Tool, Inc. The Department is 
amending the certification determination to correctly identify the new 
title name to read ``New Monarch Machine Tool, Inc., (formerly known as 
Monarch Machine Tool Co.)'', Cortland, New York.
    The amended notice applicable to TA-W-35,196 is hereby issued as 
follows:

    All workers of New Monarch Machine Tool, Inc. (formerly known as 
Monarch Machine Tool Co.), Cortland, New York who became totally or 
partially separated from employment on or after October 28, 1997 
through December 2, 2000 are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974.


    Dated: Signed at Washington, D.C. this 25th day of April, 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-11111 Filed 5-3-00; 8:45 am]
BILLING CODE 4510-30-M
#### § 3.200 Effect of Transportation Security Administration notification on a certificate or any part of a certificate held by an individual.

When the Transportation Security Administration (TSA) notifies the FAA that an individual holding a certificate or part of a certificate issued by the FAA poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety, the FAA will issue an order amending, modifying, suspending, or revoking any certificate or part of a certificate issued by the FAA.
II 

116TH CONGRESS 

2D SESSION S. 4330 

To provide for the collection of death information from States for purposes 

of the Do Not Pay Initiative, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2020 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To provide for the collection of death information from 

States for purposes of the Do Not Pay Initiative, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. COLLECTION OF DEATH INFORMATION FROM 

4 STATES. 

5 Not later than January 1, 2023, the head of the 

6 agency operating the Do Not Pay working system de7 scribed in section 3354(c) of title 31, United States Code, 

8 shall establish a program under which— 

9 (1) States (or political subdivisions thereof) vol10 untarily contract with the head of such agency to 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4330 IS

1 furnish such agency head periodically with informa2 tion (in a form established by such agency head in 

3 consultation with the States) concerning individuals 

4 with respect to whom death certificates (or equiva5 lent documents maintained by the States or subdivi6 sions) have been officially filed with them; 

7 (2) such information, and access for its use, 

8 shall be included through the Do Not Pay Initiative 

9 under such section; and 

10 (3) each State (or political subdivision thereof) 

11 which furnishes the head of such agency with such 

12 information may be paid by such agency head from 

13 amounts available for administration of this Act the 

14 reasonable costs (established by such agency head in 

15 consultations with the States) for transcribing and 

16 transmitting such information to such agency head. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<PAGE>


[LETTERHEAD FOR MARKETING SPECIALISTS]


CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



As independent public accountants, we hereby consent to the incorporation by
reference of our report dated March 3, 2000, except for notes 2 and 9 as to
which the dates are April 9, 2001 and March 30, 2000, respectively, included
in Marketing Specialist Corporation's Annual Report on Form 10-K for the year
ended December 31, 2000, into Marketing Specialists Corporation's previously
filed registration statement No. 333-85523 on Form S-8. It should be noted
that we have performed no audit procedures subsequent to March 3, 2000, the
date of our report, except with respect to the notes 2 and 9 as to which the
dates are April 9, 2001 and March 30, 2000, respectively. Furthermore, we
have not audited any financial statements of Marketing Specialists
Corporation as of any date or for any period subsequent to December 31, 1999.


                                                Arthur Andersen LLP


Boston, Massachusetts
April 20, 2001
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, August 11, 2020.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, August 11, 2020

The Court of Appeals hereby passes the following order

A21I0002. WALTER ISREAL III v. THE STATE.

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby DENIED.

LC NUMBERS:

ST20CR0850
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP00-265-000]

Take notice that on May 1, 2000, Northern Gas Company (Northern), tendered for filing in its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets proposed to be effective June 1, 2000.

Thirteenth Revised Sheet No. 54

Eleventh Revised Sheet No. 61

Eleventh Revised Sheet No. 62

Eleventh Revised Sheet No. 63

Eleventh Revised Sheet No. 64

Northern states that the revised tariff sheets are being filed in accordance with Section 53 of Northern's General Terms and Conditions, which requires Northern to adjust its fuel Unaccounted for (UAF) gas percentages each June 1.

Northern further states that copies of the filing have been mailed to each of its customers and interested State Commissions.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance).

David P. Boergers,

Secretary.

[FR Doc. 00-11622 Filed 5-09-00; 8:45 am]

BILLING CODE 6717-01-M
§ 29.1147 Mixture controls. ( a ) If there are mixture controls, each engine must have a separate control, and the controls must be arranged to allow— ( 1 ) Separate control of each engine; and
( 2 ) Simultaneous control of all engines.
( b ) Each intermediate position of the mixture controls that corresponds to a normal operating setting must be identifiable by feel and sight.
#### Michael L. Paikin et al., Respondents, v Gary Tsirelman, Appellant. Michael J. Asta, Nonparty Appellant.

[699 NYS2d 32]

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about March 10, 1999, which denied defendant’s motion to vacate the judgment entered against him on October 6, 1998, unanimously reversed, on the law,. without costs, the judgment vacated and the complaint dismissed, without prejudice. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint. Appeal from order, same court and Justice, entered October 6, 1998, unanimously dismissed, without costs, as academic in light of the foregoing determination.

In this action for unpaid attorneys’ fees in a matrimonial action, plaintiffs failure to provide his client with 30 days’ writ*137ten notice of his right to arbitrate any fee dispute (22 NYCRR 136.5 [a]) and his failure to allege in his complaint that the client received such notice and did not file a timely request for arbitration (22 NYCRR 136.5 [c]) require dismissal of the complaint (s*ee, Julien v Machson,*245 AD2d 122).

Plaintiffs claim that the foregoing notice requirement was never triggered because of his client’s failure to object to his billings and that, therefore, he is entitled to recover on the basis of an account stated is without merit. As found by the court in *Lewis & Merritt v Smith*(170 Misc 2d 192, 194 [Thomas P. Phelan, J.]), to interpret the common-law principles of an account stated, so as to find that a matrimonial client’s failure to affirmatively object to his or her attorney’s billings may provide a basis for circumventing the notice and pleading requirements of 22 NYCRR 136.5, would effectively eviscerate the fee arbitration rules governing domestic relations matters. Concur — Sullivan, J. P., Nardelli, Williams, Mazzarelli and Andrias, JJ.
§ 323.4 Contents of notices. ( a ) The notice required under § 323.3 (a) and (c) shall contain: ( 1 ) Identification of the carrier, including address and telephone number.
( 2 ) Statement whether the carrier is a certificated carrier or an uncertificated carrier.
( 3 ) Names of all other air carriers serving the point at the time of filing.
( 4 ) Description of the service to be terminated, suspended, or reduced, including: ( i ) Arrival and departure times at the affected points of the flights to be discontinued,
( ii ) Aircraft type used,
( iii ) Routes of the flights to be discontinued, and a statement of which routes, if any, will be left without nonstop or single-plane service from a certificated carrier by the intended change, and
( iv ) Date of intended termination, suspension, or reduction of service.
( 5 ) A statement whether DOT has determined the level of essential air service for the point, and ( i ) If such a determination has been made, a statement whether the intended termination, suspension, or reduction will reduce air transportation to the place below the essential level; or
( ii ) If such a determination has not been made, and the place is an eligible place, a statement whether the intended termination, suspension, or reduction reasonably appears to deprive the place of essential air service, and an explanation.
( 6 ) If the place is an eligible place, the calendar date when objections are due under § 323.10.
( 7 ) Proof of service upon all persons specified in § 323.7(a). The proof of service shall include the names of all carriers served and the names and addresses of all other persons served.
( b ) [Reserved]
( c ) DOT may require any carrier filing notice to supply additional information.
(Approved by the Office of Management and Budget under control number 3024-0030) [Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19166, May 1, 1996]
### IN THE

TENTH COURT OF APPEALS

No. 10

- 09

- 00382

- CV

IN RE DIXEY EVANS

Original Proceeding

MEMORANDUM OPINION

The petition f or writ of mandamus is denied.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Reyna , and

Justice Davis

Petiti on denied

Opinion delivered and filed December 16, 2009

[ OT06]
§ 25.1353 Electrical equipment and installations. ( a ) Electrical equipment and controls must be installed so that operation of any one unit or system of units will not adversely affect the simultaneous operation of any other electrical unit or system essential to safe operation. Any electrical interference likely to be present in the airplane must not result in hazardous effects on the airplane or its systems.
( b ) Storage batteries must be designed and installed as follows: ( 1 ) Safe cell temperatures and pressures must be maintained during any probable charging or discharging condition. No uncontrolled increase in cell temperature may result when the battery is recharged (after previous complete discharge)— ( i ) At maximum regulated voltage or power;
( ii ) During a flight of maximum duration; and
( iii ) Under the most adverse cooling condition likely to occur in service.
( 2 ) Compliance with paragraph (b)(1) of this section must be shown by test unless experience with similar batteries and installations has shown that maintaining safe cell temperatures and pressures presents no problem.
( 3 ) No explosive or toxic gases emitted by any battery in normal operation, or as the result of any probable malfunction in the charging system or battery installation, may accumulate in hazardous quantities within the airplane.
( 4 ) No corrosive fluids or gases that may escape from the battery may damage surrounding airplane structures or adjacent essential equipment.
( 5 ) Each nickel cadmium battery installation must have provisions to prevent any hazardous effect on structure or essential systems that may be caused by the maximum amount of heat the battery can generate during a short circuit of the battery or of individual cells.
( 6 ) Nickel cadmium battery installations must have— ( i ) A system to control the charging rate of the battery automatically so as to prevent battery overheating;
( ii ) A battery temperature sensing and over-temperature warning system with a means for disconnecting the battery from its charging source in the event of an over-temperature condition; or
( iii ) A battery failure sensing and warning system with a means for disconnecting the battery from its charging source in the event of battery failure.
( c ) Electrical bonding must provide an adequate electrical return path under both normal and fault conditions, on airplanes having grounded electrical systems.
[Amdt. 25-123, 72 FR 63405, Nov. 8, 2007]
#### Sigmund Fornagiel, an Infant, by Joe Fornagiel, His Guardian ad Litem, et al., Respondents, *v.*Celia Wacholder, Appellant, Impleaded with Others.

(Submitted October 8, 1936;

decided October 23, 1936.)

*590
      *Everett W. Bovard*and *Leo F. Potts*for appellant.

*Morris H. Hofstadter*for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Hubbs, Crouch, Loughran and Finch, JJ. Dissenting: Crane, Ch. J., Lehman and O’Brien, JJ.
§ 27.1151 Rotor brake controls. ( a ) It must be impossible to apply the rotor brake inadvertently in flight.
( b ) There must be means to warn the crew if the rotor brake has not been completely released before takeoff.
[Doc. No. 28008, 61 FR 21907, May 10, 1996]