alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### DONAHUE v STATE

Ohio Appeals, 4th Dist, Vinton Co

Decided April 3, 1929

Louis M Day, Chillicothe, for Donahue.

C O Chapman, McArthur, for State.

BY THE COURT

In the original prohibition law the giving away or possession of intoxicating liquor was denounced generally as an offense, but part of Section 6212-14 GC provided that in the interpretation of that act

> “The terms ‘give away’ and ‘possess’ shall not apply to intoxicating liquor in a bona fide private dwelling.”

It is unquestionably true that the possession proved against Donahue was not an offense under the law as originally passed containing the foregoing interpretation. Later, however, the general assembly passed what is now Section 6212-27 GC by which it limited and defined the term “bona fide private dwelling” as above quoted by providing that

> “no place shall be regarded as a bona fide private residence under the laws prohibiting the liquor traffic wherein liquors are possessed which have been illegally manufactured or obtained.”

The effect of the last quoted provision' was to so limit the first quoted provision as to take from a private dwelling all the immunity that such dwelling had theretofore had in case such dwelling was a place containing liquors which had been either illegally manufactured or illegally obtained. Some of the cases dealing with this question seem to take the view that the language just quoted from Section 6212-27 GC modifies the law defining ,a private residence only so far as the right to search is concerned and that it does not affect the statute so far as defining the offenses of possessing or giving away intoxicating liquors is concerned. We can not adopt that view. If the presence in a dwelling house of intoxicating. liquors illegally manufactured or illegally obtained deprives such house from immunity from search because such dwelling has thereby ceased to be a bona fide .private residence it can not be said to be a bona fide residence for any other purpose so far as the liquor laws are concerned. The two sections referred to are in pari materia and must be read together. If a dwelling house can be made a store house for contraband liquor in which the bootlegger may give it away with impunity or from which he can emerge to carry on his trade it would be of but little value for the state to have the privilege of searching, such a house if it could do nothing with the store of liquors developed by such search. The Supreme Court in State v. Sabo, 108 OS. 200, indicates that dwelling houses lose their character of bona fide *260residences whenever, among other things, it is shown that there was present liquor which had been illegally manufactured. We do not consider it worth while to review the several opinions of the Courts of Appeals touching the same question. They are not in harmony.

The conclusion at which we have thus .arrived is in conflict with Blantnik v. State, 23 Ohio App. 137. The plaintiff in error in this case is entitled to have the case certified to the Supreme Court upon this conflict and such certificate will be awarded if he so desires.

The judgment is affirmed.

Middleton, PJ, Mauck and Blosser, JJ, copcur.
#### MARSHALL v MADORSKY

Ohio Appeals, 8th Dist, Cuyahoga Co

No 9614.

Decided Feb 4 1929.

*168Lex Kintner and L. W. Myron, both of Cleveland, for Marshall.

Moses Benjamin, Cleveland, for Madorsky.

PER CURIAM

We must look to the record to see what,' if any, evidence the plaintiff introduced tending to substantiate the only disputed issue between the parties, namely, whether the plates were unfit for the purpose and use intended.

While it is true that plaintiff offered no expert evidence to sustain his point, he related a set of circumstances outlining, his experiences with the plates. He related that time and time again he complained that the plates were giving him pain and inconvenience and that defendant attempted to adjust the plates without success and that the second set of plates was made in an effort to remedy the defect of the first set of plates.

Under the scintilla rule which compels a submission of the case to the jury if there is any evidence whatsoever tending to substantiate the allegations of the petition, we ,are of the opinion that the trial court erred in directing a verdict as it did in favor of defendant. It is not the law in Ohio that in a suit aganist a dentist that expert testimony must be introduced tending to substantiate the allegations of plaintiff’s petition in order to sustain his claim. The evidence given by plaintiff himself outlining the pain, inconvenience and trouble which-the plates gave him, is by far the best evidence obtainable and to say the least, supplies the necessary scintilla which compels a submission of the case to the jury.

Judgment of the Municipal Court will therefore be reversed and the case remanded for further proceedings according to law.

Sullivan, PJ, Vickery and Levine, JJ, concur.
§ 91.903 Policy and procedures. ( a ) The Administrator may issue a certificate of waiver authorizing the operation of aircraft in deviation from any rule listed in this subpart if the Administrator finds that the proposed operation can be safely conducted under the terms of that certificate of waiver.
( b ) An application for a certificate of waiver under this part is made on a form and in a manner prescribed by the Administrator and may be submitted to any FAA office.
( c ) A certificate of waiver is effective as specified in that certificate of waiver.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]
[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Page 2617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1167]


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

FEDERAL HOUSING FINANCE BOARD


Sunshine Act Meeting

Announcing an Open Meeting of the Board

TIME AND DATE: 10:00 A.M., Wednesday, January 19, 2000.

PLACE: Board Room, Second Floor, Federal Housing Finance Board, 1777 F 
Street, N.W., Washington, D.C. 20006.

STATUS: The entire meeting will be open to the public.

MATTERS TO BE CONSIDERED DURING PORTIONS OPEN TO THE PUBLIC:
    <bullet> Final Rule: Reorganization of Finance Board Regulations
    Proposed Rule: Calculation of REFCorp Obligation
    <bullet> Interim Final Rule: Amendments to Election Regulation

CONTACT PERSON FOR MORE INFORMATION: Elaine L. Baker, Secretary to the 
Board, (202) 408-2837.

William W. Ginsberg,
 Managing Director.
[FR Doc. 00-1167 Filed 1-13-00; 11:45 am]
BILLING CODE 6725-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF INTREPID CAPITAL CORPORATION FOR THE SIX
MONTHS ENDED JUNE 30, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                         615,010
<SECURITIES>                                   239,270
<RECEIVABLES>                                  268,068
<ALLOWANCES>                                    58,074
<INVENTORY>                                     75,526
<CURRENT-ASSETS>                             1,477,034
<PP&E>                                         411,737
<DEPRECIATION>                                (123,705)
<TOTAL-ASSETS>                               2,903,786
<CURRENT-LIABILITIES>                          750,287
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,155
<OTHER-SE>                                   1,284,677
<TOTAL-LIABILITY-AND-EQUITY>                 2,903,786
<SALES>                                        485,266
<TOTAL-REVENUES>                             2,098,071
<CGS>                                          251,596
<TOTAL-COSTS>                                2,759,976
<OTHER-EXPENSES>                               195,444
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              38,241
<INCOME-PRETAX>                               (661,905)
<INCOME-TAX>                                   152,776
<INCOME-CONTINUING>                           (509,129)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (509,129)
<EPS-BASIC>                                      (0.23)
<EPS-DILUTED>                                    (0.23)


</TABLE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                      12,457,651
<SECURITIES>                                         0
<RECEIVABLES>                                   90,284
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            12,638,775
<PP&E>                                         967,231
<DEPRECIATION>                                  59,224
<TOTAL-ASSETS>                              13,768,192
<CURRENT-LIABILITIES>                        1,269,758
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,198
<OTHER-SE>                                  12,198,873
<TOTAL-LIABILITY-AND-EQUITY>                13,768,192
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,668
<INCOME-PRETAX>                            (4,248,432)
<INCOME-TAX>                                     4,556
<INCOME-CONTINUING>                        (4,252,988)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,252,988)
<EPS-BASIC>                                     (0.22)
<EPS-DILUTED>                                   (0.22)


</TABLE>
#### § 100.511 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation.
§ 91.117 Aircraft speed. ( a ) Unless otherwise authorized by the Administrator, no person may operate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots (288 m.p.h.).
( b ) Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C or Class D airspace area at an indicated airspeed of more than 200 knots (230 mph.). This paragraph (b) does not apply to any operations within a Class B airspace area. Such operations shall comply with paragraph (a) of this section.
( c ) No person may operate an aircraft in the airspace underlying a Class B airspace area designated for an airport or in a VFR corridor designated through such a Class B airspace area, at an indicated airspeed of more than 200 knots (230 mph).
( d ) If the minimum safe airspeed for any particular operation is greater than the maximum speed prescribed in this section, the aircraft may be operated at that minimum speed.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-219, 55 FR 34708, Aug. 24, 1990; Amdt. 91-227, 56 FR 65657, Dec. 17, 1991; Amdt. 91-233, 58 FR 43554, Aug. 17, 1993]
Unassociated Document



    
      

    

    Exhibit
10.11

     

    REVOLVING
NOTE

     

    
      	
              $25,000,000

            	
              November 6,
      2009

            


    

    


    FOR VALUE RECEIVED, the
undersigned, PHYSICIANS FORMULA, INC., a New York corporation (the “Company”),
hereby promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION
(“Wells Fargo”), acting through its WELLS FARGO BUSINESS CREDIT operating
division, on the Termination Date described in the Credit and Security Agreement
dated November 6, 2009 (as amended, restated or otherwise modified from
time to time, the “Agreement”) and entered into between Wells Fargo and Company,
at Wells Fargo’s office at 245 South Los Robles Avenue, Suite 700,
Pasadena, California 91101, or at any other place designated at any time by the
holder, in lawful money of the United States of America and in immediately
available funds, the principal sum of Twenty-Five Million Dollars ($25,000,000)
or the aggregate unpaid principal amount of all Advances under the Line of
Credit made by Wells Fargo to Company under the terms of the Agreement, together
with interest on the outstanding principal amount computed on the basis of
actual days elapsed in a 360-day year, from the date of this Revolving Note
until this Revolving Note is fully paid at the rate from time to time in effect
under the terms of the Agreement.  Principal and interest accruing on
the unpaid principal balance amount of this Revolving Note shall be due and
payable as provided in the Agreement.  This Revolving Note may be
prepaid only in accordance with the Agreement.

     

    This
Revolving Note is the Revolving Note referred to in the Agreement, and is
subject to the terms of the Agreement, which provides, among other things, for
the acceleration of this Revolving Note.  This Revolving Note is
secured, among other things, by the Agreement and the Security Documents as
defined in the Agreement, and by any other security agreements, mortgages, deeds
of trust, assignments or other instruments or agreements that may subsequently
be given for good and valuable consideration as security for this Revolving
Note.

     

    Company
shall pay all costs of collection, including without limitation reasonable
attorneys’ fees and legal expenses, if this Revolving Note is not paid when due,
in accordance with the Agreement whether or not legal proceedings are
commenced.

     

    Presentment
or other demand for payment, notice of dishonor and protest are expressly
waived.

     

    
      	 
      	
              PHYSICIANS
      FORMULA, INC.

            
	 
      	 
      	 
      
	 
      	
              By:

            	
              /s/ Ingrid Jackel

            
	 
      	
              Name:

            	
              Ingrid Jackel

            
	 
      	
              Title:

            	
              Chief Executive
  Officer
Exhibit 32.1

Certification Pursuant to

18 U.S.C. Section 1350,

as added by

Section 906 of the
Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Pulaski Financial Corp. (the Company) on Form 10-K for
the period ended September 30, 2008 as filed with the Securities and Exchange Commission (the Report), the undersigned certify, pursuant to 18 U.S.C. § 1350, as added by § 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The Report fully complies with the requirement 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 Pulaski Financial as of and for the period
covered by the Report.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: December 12, 2008

/s/ Gary W. DouglassName:  Gary W. Douglass Title:  President and Chief Executive Officer
**Exhibit 32.2**

 

**CERTIFICATION OFPRINCIPAL EXECUTIVE OFFICERPURSUANT TO 18 U.S.C. SECTION 1350**

 

 

In connectionwith the accompanying Quarterly Report on Form 10-Q of the Company for theperiod ended June 30, 2003, I, Gary D. Gall, President, Chief ExecutiveOfficer of  the Company, herebycertify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002  that:

 

(1)            such Quarterly Report on Form 10-Qof the Company for the period ended June 30, 2003, fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)           the information contained in suchQuarterly Report on Form 10-Q of the Company for the period ended June 30,2003, fairly presents, in all material respects, the financial condition andresults of operations of Western Sierra Bancorp.

 

 
| Dated:  August 11, 2003 |
|------------------------------|
|                         |
|                         |
|                         |   | /s/  Gary D. Gall |   |
|                         | President  and Chief Executive Officer |   |
|                              |  |  |  |  |

 

----

 

 

End of Filing
§ 102.56 Answer to compliance specification. ( a ) *Filing and service of answer to compliance specification.* Each Respondent alleged in the specification to have compliance obligations must, within 21 days from the service of the specification, file an answer with the Regional Director issuing the specification, and must immediately serve a copy on the other parties.
( b ) *Form and contents of answer.* The answer to the specification must be in writing, signed and sworn to by the Respondent or by a duly authorized agent with appropriate power of attorney affixed, and contain the address of the Respondent. The answer must specifically admit, deny, or explain each allegation of the specification, unless the Respondent is without knowledge, in which case the Respondent must so state, such statement operating as a denial. Denials must fairly meet the substance of the allegations of the specification at issue. When a Respondent intends to deny only a part of an allegation, the Respondent must specify so much of it as is true and deny only the remainder. As to all matters within the knowledge of the Respondent, including but not limited to the various factors entering into the computation of gross backpay, a general denial will not suffice. As to such matters, if the Respondent disputes either the accuracy of the figures in the specification or the premises on which they are based, the answer must specifically state the basis for such disagreement, setting forth in detail the Respondent's position and furnishing the appropriate supporting figures.
( c ) *Failure to answer or to plead specifically and in detail to backpay allegations of specification.* If the Respondent fails to file any answer to the specification within the time prescribed by this section, the Board may, either with or without taking evidence in support of the allegations of the specification and without further notice to the Respondent, find the specification to be true and enter such order as may be appropriate. If the Respondent files an answer to the specification but fails to deny any allegation of the specification in the manner required by paragraph (b) of this section, and the failure to deny is not adequately explained, such allegation will be deemed admitted as true, and may be so found by the Board without the taking of evidence supporting such allegation, and the Respondent will be precluded from introducing any evidence controverting the allegation.
( d ) *Extension of time for filing answer to specification.* Upon the Regional Director's own motion or upon proper cause shown by any Respondent, the Regional Director issuing the compliance specification may, by written order, extend the time within which the answer to the specification must be filed.
( e ) *Amendment to answer.* Following the amendment of the specification by the Regional Director, any Respondent affected by the amendment may amend its answer.
Certification of Chief Executive Officer and Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
1350), the undersigned, David J Cutler, Chief Executive Officer and
Chief Financial Officer of Multi-Link Telecommunications, Inc., (the
"Company"), does hereby certify, to his knowledge, that:

The Quarterly Report Form 10QSB for the nine months ended June 30, 2002
of the Company (the "Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1034, and the
information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.


Date:       October 4, 2004






By  /s/David J Cutler
    ------------------------------
    David J Cutler
    Chief Executive Officer
    Chief Financial Officer