alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### VIRGINIA-CAROLINA RUBBER COMPANY, INC., v. THE UNITED STATES

[No. M-363.

Decided June 4, 1934]

*Mr. Frank J. Aldus*for the plaintiff.

*Mr. Brien*McMahon, with whom was *Mr. Assistant Attorney General Frank, J. Wideman,*for the defendant. *Mr. James A. Cosgrove*and *Mrs. Elizabeth B. Da/ois*were on the brief.

*697Whaley, *Judge,*

delivered the opinion of the Court:

This action is for the recovery of excise taxes paid under section 600 of the Eevenue Act of 1924, which imposed a tax on certain automobile accessories. Defendant concedes that the articles on which the tax was levied were not taxable within the meaning of the foregoing act, but resists the refunding of the tax on the ground that section 424 of the Eevenue Act of 1928 prevents recovery since plaintiff did not bear the burden of the tax but passed it on to its customers, and has not filed the appropriate bond to assure the delivery of the refund to its customers in the event recovery is had. No contention is made by plaintiff that a bond was filed. The only question is whether the tax was passed on. Suit was commenced in this court on October 1, 1931, which was after the passage of the act of 1928. The record shows, and we have found as a fact, that by the procedure followed by plaintiff the tax was effectively passed on to its customers. The case accordingly comes squarely within the principle laid down by the Supreme Court in *United States*v. *Jefferson Electric Manufacturing Company,*54 Sup. Ct. 443, 291 U.S. 386, and recovery cannot be had.

The petition must be dismissed. It is so ordered.

Williams, *Judge;*LittletoN, *Judge;*GeeeN, *Judge;*and Booth, *Chief Justice,*concur.
§ 25.731 Wheels. ( a ) Each main and nose wheel must be approved.
( b ) The maximum static load rating of each wheel may not be less than the corresponding static ground reaction with— ( 1 ) Design maximum weight; and
( 2 ) Critical center of gravity.
( c ) The maximum limit load rating of each wheel must equal or exceed the maximum radial limit load determined under the applicable ground load requirements of this part.
( d ) *Overpressure burst prevention.* Means must be provided in each wheel to prevent wheel failure and tire burst that may result from excessive pressurization of the wheel and tire assembly.
( e ) *Braked wheels.* Each braked wheel must meet the applicable requirements of § 25.735.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25-72, 55 FR 29777, July 20, 1990; Amdt. 25-107, 67 FR 20420, Apr. 24, 2002]
#### PINKARD v. MacGREGOR.

No. 33325.

Dec. 23, 1947.

*188 P. 2d 227.*

Champion, Champion & Wallace, of Ardmore, for plaintiff in error.

Champion & Fischl, of Ardmore, for defendant in error.

PER CURIAM.

Plaintiff obtained a judgment against the defendant in an action on a contract and after said judgment was entered a motion for new trial was filed which was overruled April 14, 1947, at which time defendant was given 60 days in which to make and serve case-made. Thereafter an extension of this order was obtained by virtue of which the defendant had until the 12th day of August, 1947, in which to serve the case-made. The case-made was not served until September 25, 1947.

A motion to dismiss has been filed for the reason that this court is without jurisdiction to consider the case-made served after time given had expired.

This court has many times held that where a case-made is not served within the 15 days allowed by 12 O.S. 1941 §958, or some valid order extending the time for service, this court is without jurisdiction of the attempted appeal by case-made. Harjo v. Johnston, 162 Okla. 153, 19 P. 2d 961; Harrell v. Cole, 168 Okla. 423, 33 P. 2d 613.

Appeal dismissed.

HURST, C.J., DAVISON, V.C.J., and BAYLESS, ARNOLD, and LUTTRELL, JJ., concur.
Exhibit 32

                    CERTIFICATION OF CEO AND CFO 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-Q of Playboy  Enterprises,
Inc. (the  "Company")  for the  quarterly  period ended March 31, 2009, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
Jerome Kern, as Interim  Chief  Executive  Officer of the Company,  and Linda G.
Havard,  as Chief  Financial  Officer of the  Company,  each  hereby  certifies,
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his or her 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/ Jerome Kern
---------------
Name:  Jerome Kern
Title: Interim Chief Executive Officer
Date:  May 11, 2009

/s/ Linda Havard
----------------
Name:  Linda G. Havard
Title: Chief Financial Officer
Date:  May 11, 2009

This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

A signed  original of this  written  statement  required by Section 906 has been
provided  to  Playboy  Enterprises,   Inc.  and  will  be  retained  by  Playboy
Enterprises, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
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 Quarterly Report on Form 10-Q of Capital Bank Corporation
      (the “Company”) for the period ended September 30, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, B.
      Grant Yarber, President and Chief Executive 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, to my knowledge that:





The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; and





The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.




/s/*B. Grant Yarber*


B.
      Grant
      Yarber


President
      and Chief Executive Officer


November
      8, 2007





This
      Certification is being furnished solely to accompany the Report pursuant to
      18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not be deemed “filed” by the Company for
      purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
      and
      shall not be incorporated by reference into any filing of the Company under
      the
      Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
      as
      amended, whether made before or after the date of this Report, irrespective
      of
      any general incorporation language contained in such filing.





A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002 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.
[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Notices]
[Pages 26258-26259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11408]


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

DEPARTMENT OF STATE

[Public Notice Number 3280]


International Telecommunication Advisory Committee 
Radiocommunications (ITAC-R); Notice of Meeting

    The International Telecommunications Advisory Committee--
Radiocommunications provides policy and technical advice to the 
department on matters concerning radiocommnuication in preparation for 
United States participation in international meetings and conferences.

[[Page 26259]]

    A meeting of the ITAC-R will be held Thursday, May 11, 2000, in 
room 1912, at the Department of State. The purpose of the meeting is to 
provide information and obtain advice, as appropriate, concerning the 
World Radiocommunication Conference underway May 8-June 2, 2000, in 
Istanbul, Turkey. The department apologizes for such short notice 
necessitated by changes in the chairman's schedule.
    Members of the general public may attend these meetings. Entrance 
to the Department of State is controlled; people intending to attend 
any of the ITAC. Meetings should send a fax to (202) 647-7407 not later 
than 24 hours before the meeting. This fax should display the name of 
the meeting and date of meeting, your name, social security number, 
date of birth, and organizational affiliation. One of the following 
valid photo identifications will be required for admission: U.S. 
driver's license, passport, U.S. Government identification card. Enter 
from the C street lobby; in view of escorting requirements, non-
government attendees should plan to arrive not less than 15 minutes 
before the meeting begins.

    Dated: May 2, 2000.
Brian K. Ramsay,
Telecommunications Officer, Office of Multilateral Affairs, U.S. 
Department of State.
[FR Doc. 00-11408 Filed 5-3-00; 2:45 pm]
BILLING CODE 4710-45-P
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4040 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4040

  To amend chapter 44 of title 18, United States Code, to protect the 
 rights of citizens under the Second Amendment to the Constitution of 
                           the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2020

 Mrs. Loeffler introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend chapter 44 of title 18, United States Code, to protect the 
 rights of citizens under the Second Amendment to the Constitution of 
                           the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Owner Privacy Act''.

SEC. 2. PROTECTION OF SECOND AMENDMENT RIGHTS.

    Section 922(t) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(7)(A) None of the funds appropriated pursuant to any provision 
of law may be used for--
            ``(i) any system to implement this subsection that does not 
        require and result in the immediate destruction of all 
        information, in any form whatsoever, submitted by or on behalf 
        of any person who has been determined not to be prohibited from 
        owning a firearm; or
            ``(ii) the implementation or collection of any tax or fee 
        by any officer, agent, or employee of the United States, or by 
        any State or local officer or agent acting on behalf of the 
        United States, in connection with the implementation of this 
        subsection.
    ``(B) Any person aggrieved by a violation of this paragraph may 
bring an action in the district court of the United States for the 
district in which the person resides.
    ``(C) Any person who is successful with respect to an action 
brought under subparagraph (B) shall receive damages, punitive damages, 
and such other remedies as the court may determine to be appropriate, 
including a reasonable attorney's fee.''.
                                 <all>
```
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

C&G Sporting Goods, LLC, * From the 266th District

 Court of Erath County,

 Trial Court No. CV31895.

Vs. No. 11-14-00018-CV * September 4, 2014

Texas Workforce Commission * Per Curiam Memorandum Opinion

and James Brown, (Panel consists of: Wright, C.J.,

 Willson, J., and Bailey, J.)

 This court has considered C&G Sporting Goods, LLC’s unopposed motion 

for voluntary dismissal of this appeal and concludes that the motion should be 

granted. Therefore, in accordance with this court’s opinion, the appeal is 

dismissed. The costs incurred by reason of this appeal are taxed against C&G 

Sporting Goods, LLC.
§ 23.2325 Fire protection. ( a ) The following materials must be self-extinguishing— ( 1 ) Insulation on electrical wire and electrical cable;
( 2 ) For levels 1, 2, and 3 airplanes, materials in the baggage and cargo compartments inaccessible in flight; and
( 3 ) For level 4 airplanes, materials in the cockpit, cabin, baggage, and cargo compartments.
( b ) The following materials must be flame resistant— ( 1 ) For levels 1, 2 and 3 airplanes, materials in each compartment accessible in flight; and
( 2 ) Any equipment associated with any electrical cable installation and that would overheat in the event of circuit overload or fault.
( c ) Thermal/acoustic materials in the fuselage, if installed, must not be a flame propagation hazard.
( d ) Sources of heat within each baggage and cargo compartment that are capable of igniting adjacent objects must be shielded and insulated to prevent such ignition.
( e ) For level 4 airplanes, each baggage and cargo compartment must— ( 1 ) Be located where a fire would be visible to the pilots, or equipped with a fire detection system and warning system; and
( 2 ) Be accessible for the manual extinguishing of a fire, have a built-in fire extinguishing system, or be constructed and sealed to contain any fire within the compartment.
( f ) There must be a means to extinguish any fire in the cabin such that— ( 1 ) The pilot, while seated, can easily access the fire extinguishing means; and
( 2 ) For levels 3 and 4 airplanes, passengers have a fire extinguishing means available within the passenger compartment.
( g ) Each area where flammable fluids or vapors might escape by leakage of a fluid system must— ( 1 ) Be defined; and
( 2 ) Have a means to minimize the probability of fluid and vapor ignition, and the resultant hazard, if ignition occurs.
( h ) Combustion heater installations must be protected from uncontained fire.
#### McEachern Estate

*Aubrey R. Newlin,*for accountant.

September 20, 1957.

Klein, P. J.,

Warren W. Mc-Eachern died on October 8,1956, intestate and without issue, leaving to survive him, according to the statement of proposed distribution, Clara McEachern, also known as Clarabelle McEachern, who is described as decedent’s widow.

The statement of proposed distribution recites that the said Clara McEachern entered into a common-law marriage with decedent on August 20, 1920, in Philadelphia, and that she died in Norfolk, Va., on December 16, 1956. Letters of administration on her estate are stated to have been granted to Florence McRae, as administratrix, who is claiming, on behalf of the estate of the said Clara McEachern, the entire estate of the present decedent.

Common-law marriages are never taken for granted. They will be recognized only upon strict proof. In Nikitka’s Estate, 346 Pa. 63, the court said, at page 67:

> “The law, of necessity, imposes a heavy burden on one who grounds his claim on an allegation of common-*375law marriage. As said by President Judge Keller in Baker v. Mitchell, 143 Pa. Superior Ct. 50, 54: ‘The Law of Pennsylvania recognizes common-law marriages. But they are a fruitful source of perjury and fraud, and, in consequence, they are to be tolerated, not encouraged; the professed contract should be examined with great scrutiny, and it should plainly appear that there was an actual agreement entered into, •then and there, to form the legal relation of husband and wife.’ Especially is this true where one of the parties is dead and the claim so grounded is to share in the distribution of his estate. ‘When the lips of a man are sealed by death, and he leaves no satisfactory evidence as to the existence of such contract, courts will be very slow to establish it in derogation of the undoubted rights of those who follow him’: Stevenson’s Estate, supra, 301. See also Craig’s Estate, supra, 538; Osterling’s Estate, 323 Pa. 23, 27; McGrath’s Estate, supra, 318.”

In the present case the allegation of the existence of a common-law marriage is completely unsupported' by evidence of any kind. Before the administratrix of the estate of Clara McEaehern, deceased, can enforce her claim against this estate, it will be necessary to establish by strict proof the existence of a common-law marriage between the parties.

Furthermore, there appears to be doubt as to whether decedent was survived by other next of kin, as the statement of proposed distribution refers to one Victoria Parker as “alleged niece of Warren W. Mc-Eachern, Deceased.”

Under the circumstances of this case; it is necessary to give notice to the Department of Revenue, Commonwealth of Pennsylvania, Bureau of Escheats, in order that it may investigate the matter to determine whether it has an interest in these proceedings.

Accordingly, the case is continued generally and *376may be ordered down when the personal representative of the alleged widow is prepared to furnish proof of the common-law marriage upon which the claim to the present estate is based.
exv4w8



 



Exhibit 4.8







	 	P.O. Box 49330 Bentall Station

Suite 1600 – 1055 Dunsmuir Street

Vancouver, British Columbia, Canada, V7X 1P1



May 9, 2003


British Columbia Securities Commission

701 West Georgia Street

Vancouver, BC

V7Y 1L2


Dear Sirs:


In connection with the preliminary prospectus for Placer Dome Inc. (the
“Corporation”) dated May 9, 2003 relating to an offering of $200,000,000
exchange debentures (the “Securities”) of the Corporation, the following sets
out particulars of the calculation of the Earnings Coverage disclosed in the
preliminary prospectus.


Earnings Coverage


The earnings coverage is based on the consolidated net income for the twelve
months ended March 31, 2003 and December 31, 2002, and the consolidated
long-term debt as at those dates:



	 	 	 	 	 	 	 	 	 	 	 	 
	(in millions of $US)	 	March 31, 2003	 	December 31, 2002
	
	 	
	 	

	Consolidated net income
	 	 	143	 	 	 	116	 
	ADD:
	 	Interest on long-term debt	 	 	 	56	 	 	 	58	 
	 
	 	Income and resource taxes	 	 	 	32	 	 	 	34	 
	 
	 	 	 	 	 	
	 	 	 	
	 
	Income before interest on long-term debt and
income and resource taxes
	 	 	 	231	 	 	 	208	 
	Earnings available for interest on long-term debt
	(A)	 	 	231	 	 	 	208	 
	Annual interest requirements on long-term debt
	(B)	 	 	64	 	 	 	62	 
	(A) divided by (B)
	 	 	 	3.6	 	 	 	3.4	 




 


 


 


 


 


 




	 	TEL (604) 682-7082   FAX (604) 661-3726

DIRECT (604) 661-1574

EMAIL tony_giardini@placerdome.com

WEB www.placerdome.com

 

A member of the Placer Dome Group



 






 





CONTINUED Page 2


The annual interest requirements on the long-term debt of the Corporation after
giving effect to the issue of the original debentures and the use of the
proceeds to retire other long-term debt, using applicable interest rates, for
twelve months ended March 31, 2003 and December 31, 2002 were US$64 million and
US$62 million, respectively. The Corporation’s earnings after adjustments for
minority interests in the net earnings of subsidiaries but before deduction of
interest on long-term debt and income and resource taxes for the twelve months
ended March 31, 2003 and December 31, 2002, amounted to US$231 million and
US$208 million, respectively. These amounts are 3.6 times and 3.4 times annual
interest requirements for the twelve months ended March 31, 2003 and December
31, 2002, respectively.


Yours truly,


PLACER DOME INC.


/s/ Tony S. Giardini


Tony S. Giardini

Treasurer
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Mental Health Special Emphasis Panel.                    

*Date:*                         January 14, 2000.                    

*Time:*                         12 pm to 1 pm.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Neuroscience Center, National Institutes of Health, 6001 Executive Blvd., Bethesda, MD 20982, (telephone Conference Call).                        Start Printed Page 2974

*Contact Person:*                         Henry J. Haigler, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Rm. 6150, MSC 9608, Bethesda, MD 20892-9608, 301/443-7216.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Award, Scientist Development Award for Clinicians, and Research Scientist Award; 93.282, Mental Health National Research Service Awards for Research Training, National Institutes of Health, HHS)

Dated: January 11, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-1143 Filed 1-18-00; 8:45 am]

BILLING CODE 4140-01-M
§ 23.2145 Stability. ( a ) Airplanes not certified for aerobatics must— ( 1 ) Have static longitudinal, lateral, and directional stability in normal operations;
( 2 ) Have dynamic short period and Dutch roll stability in normal operations; and
( 3 ) Provide stable control force feedback throughout the operating envelope.
( b ) No airplane may exhibit any divergent longitudinal stability characteristic so unstable as to increase the pilot's workload or otherwise endanger the airplane and its occupants.