alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Karl R. LEFFLER et ux *v.*Joe L. BANKS et ux

5-5634

472 S.W. 2d 110

Opinion delivered October 25, 1971

[Rehearing denied November 22, 1971.]

*278
      *Charles W. Atkinson*and *James R. Hale,*for appellants.

*David J. Burleson,*for appellees.

Frank Holt, Justice.

Appellants brought this action against appellees to recover damages for breach of implied warranty in the sale of a house. The court sustained appellees’ demurrer and dismissed appellants’ complaint when they declined to plead further. On appeal appellants contend for reversal that appellees’ demurrer is a “speaking demurrer.” Further, appellants assert their complaint stated a cause of action. Disregarding the “speaking” portion of appellees’ demurrer, we think the court was correct.

In their complaint the appellants alleged that the appellees were the “owners and builders” of a dwelling house which appellants bought on August 20, 1969; that appellees breached an implied warranty by failing to use reasonably suitable building materials and to employ satisfactory workmanship and building practices in the construction of the house, all of which defects were manifested about one year after the purchase date of August 1969.

Both parties cite to us *Wawak*v. *Stewart,*247 Ark. 1093, 449 S. W. 2d 922 (1970). There we adopted the modem rule by which an implied warranty may be recognized in the first sale of a new house by a seller who was also the builder. In recognizing this rule as being “a departure from our earlier cases,” and “to avoid injustice,” we said that this “new rule is made applicable only to the case at hand and to causes of action arising after this decision becomes final.” Thus, we clearly in*279tended that the applicability of. this rule would be prospective only as to sales occurring after our decision became final which was on March 9, 1970. Since the transaction in the case at bar predated *Wawak,*we hold that the court correctly sustained the demurrer and dismissed the complaint.-

Affirmed.

Fogleman, concurs in the result.
Exhibit 32.1

     Certification of Chief Financial Officer under Section 1350


     In connection with the quarterly report on Form 10-QSB of
Visual Bible International, Inc. (the "Company")for the period
ending September 30, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I hereby certify,
pursuant to 18 U.S.C. Section 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 Company.



Date: November 20, 2003            /s/Harold Kramer


                                   Harold Kramer, Principal
                                   Financial Officer



     The foregoing certification accompanied the Quarterly Report on
Form 10QSB filing pursuant to 18 U.S.C. Section 1350.  It is being
reproduced herein for information only.  It is not being filed for
purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and it is not to be incorporated by reference into any
filing of the Company, whether made before or after hereof,
regardless of any general incorporation language in such filing.  A
signed original of this written statement required by Section 906
has been provided to the Company and will be retained b y the
Company and furnished to the Securities Exchange Commission or its
staff upon request.
Exhibit 4.6


 




	
  

  	
  ILLEGIBLE SP Synergy Pharmaceuticals, Inc. INCORPORATED UNDER
  THE LAWS OF THE STATE OF FLORIDA CUSIP 871639 10 0 SEE REVERSE FOR CERTAIN
  DEFINITIONS THIS CERTIFIES THAT is the owner of FULLY-PAID AND NONASSESSABLE
  SHARES OF THE COMMON STOCK, $0.0001 PAR VALUE, OF SYNERGY PHARMACEUTICALS,
  INC., transferable on the books of the Corporation by the holder hereof in
  person or by duly authorized attorney, upon surrender of this Certificate
  properly endorsed. This Certificate and the shares represented hereby are
  issued and shall be held subject to all of the provisions of the Certificate
  of Incorporation, as amended, and the By-laws of the Corporation as amended
  (copies of which are on file at the office of the Transfer Agent), to all of
  which the holder of this Certificate by acceptance hereof assents. This
  Certificate is not valid unless countersigned and registered by the Transfer
  Agent and Registrar. WITNESS the facsimile seal of the Corporation and the
  facsimile signatures of the duly authorized officers. Dated: [SIGNATURE]
  [SEAL] Secretary [SIGNATURE] President © SECURITY-COLUMBIAN UNITED STATES
  BANKNOTE COMPANY I960 COUNTERSIGNED AND REGISTERED: STOCKTRANS, INC. 44 WEST
  LANCASTER AVENUE ARDMORE, PA 19003 TRANSFER AGENT AND REGISTRAR  BY AUTHORIZED SIGNATURE

   

  






 












 




	
  

  	
  Synergy Pharmaceuticals, Inc. The Corporation will furnish to
  any stockholder, upon request without charge, a full statement of the powers,
  designations, preferences and relative, participating, optional or other
  special rights of each class of stock or series thereof and the
  qualifications, limitations or restrictions of such preferences and/or
  rights. The following abbreviations, when used in the inscription on the face
  of this certificate, shall be construed as though they were written out in
  full according to applicable laws or regulations: TEN COM - as tenants in
  common UNIF GIFT MIN ACT- Custodian 
  TEN ENT - as tenants by the entireties (Cust) (Minor) JT TEN - as
  joint tenants with right of survivorship and not as tenants in common Act
  (State)  Additional abbreviations may
  also be used though not in the above list. For value received, hereby sell,
  assign and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING
  NUMBER OF ASSIGNEE  Please print or typewrite
  names and address including postal zip code of assignee Shares of the Common
  Stock represented by the within Certificate, and do hereby constitute and
  appoint Attorney to transfer the said stock on the books of the within-named
  Corporation with full power of substitution in the premises. Dated SIGNATURE
  Signature(s) Guaranteed: THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE
  GUARANTOR INSTITUTION, (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS
  AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE
  MEDALLION PROGRAM), PURSUANT TO S.E.C.RULE 17Ad 15. Notice: The signature to
  this assignment must correspond with name as written upon the face of the
  Certificate, in every particular, without alteration or enlargement, or any
  change whatever.
# EUR-Lex - 31999D0246 - EN

Avis juridique important

*|*

# 31999D0246

**1999/246/EC: Commission Decision of 30 March 1999 approving certain contingency plans for the control of classical swine fever (notified under document number C(1999) 769) (Text with EEA relevance) **

*
Official Journal L 093 , 08/04/1999 P. 0024 - 0025 *

COMMISSION DECISION

of 30 March 1999

approving certain contingency plans for the control of classical swine fever

(notified under document number C(1999) 769)

(Text with EEA relevance)

(1999/246/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever(1), as last amended by Decision 93/384/EEC(2), and in particular Article 14b thereof,

Whereas the criteria to be applied mutatis mutandis when drawing up contingency plans for the control of classical swine fever have been laid down in Commission Decision 91/42/EEC(3);

Whereas certain Member States have submitted for approval national contingency plans; whereas, after examination these plans fulfil all the criteria laid down in Decision 91/42/EEC and permit the desired objective to be attained subject to an effective implementation;

Whereas in order to ensure the plans' effectiveness it is necessary to carry out scenarios studies and simulation exercises;

Whereas the contingency plans must be kept up to date on a regular basis;

Whereas the measures provided for in this decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The contingency plans for the control of classical swine fever submitted by the Member States listed in Annex I are approved.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 30 March 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 47, 21.1.1980, p. 11.

(2) OJ L 166, 8.7.1993, p. 34.

(3) OJ L 23, 29.1.1991, p. 29.

ANNEX

Belgium

Denmark

Germany

Spain

France

Ireland

Italy

The Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom
#### Ronald T. BLAND *v.*STATE of Arkansas

5613

470 S.W. 2d 592

Opinion delivered September 20, 1971

*24
      *Louis W. Rosteck,*for appellant.

*Ray Thornton,*Attorney General; *Milton R. Lueken,*Asst. Atty Gen., for appellee.

Conley Byrd, Justice.

Appellant Ronald T. Bland was convicted of grand larceny and sentenced to two years imprisonment. For reversal he contends that the trial court erred in allowing the State to put on proof as to the value of the property stolen after it had rested its case and in admitting appellant’s confession into evidence. We find no merit on either issue.

The record shows that the trial was before the court without a jury and that the State was represented by a new and inexperienced deputy prosecuting attorney. When the State announced that it rested, the trial court pointed out that the value of the watches had not been proved. At that time the trial court permitted the State to reopen its case to show that the value of the watches stolen exceeded $35.00, thus placing the crime into the grand larceny category. The trial court properly exercised its discretion under the circumstances. See Ark. Stat. Ann. § 43-2114 (Repl. 1964) and *Rochester*v. *State,*250 Ark. 758, 467 S.W. 2d 182 (1971.)

Detective Thomas testified that appellant was ararrested at approximately 10:30 P. M. and that the confession was given about 1:50 P. M. the following day. He also testified that prior to taking the confession he explained appellant’s constitutional rights to him. When appellant gave the statement, the officer observed that appellant could walk and talk all right and that he understood what he was doing. Appellant himself took the witness stand but made no complaint of any treatment received from the officers. Under the record here presented, the trial court properly admitted the confession.

Affirmed.
Third District Court of Appeal

State of Florida

Opinion filed June 21, 2023.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-104

Lower Tribunal No. 21-1093

________________

I.J.B., a Juvenile,

Appellant,

vs.

The State of Florida,

Appellee.

An appeal conducted pursuant to Anders v. California, 386 U.S. 738 

(1967), from the Circuit Court for Miami-Dade County, Dawn Denaro, Judge.

I.J.B., a Juvenile, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and SCALES and LINDSEY, JJ. 

PER CURIAM.

Affirmed.
#### § 1990.131 Priority lists for regulating potential occupational carcinogens.

The Secretary shall establish two priority lists for regulating potential occupational carcinogens. One list should include approximately ten (10) candidates for rulemaking as Category I Potential Carcinogens; the other approximately ten (10) candidates for rulemaking as Category II Potential Carcinogens. The order of placement of substances on these lists will not reflect the Secretary's determination of the exact order in which these substances should be regulated in rulemaking proceedings but rather a policy determination that the Secretary plans to address some or all of these substances prior to proceeding with a thorough scientific review of data concerning other substances on the Candidate List. The inclusion or exclusion of any substance on these lists shall not be subject to judicial review or be the basis for any legal action. The Secretary may regulate a potential occupational carcinogen which has not been placed on these lists. The inclusion of a substance on either of these lists does not reflect a final scientific determination that the substance is, in fact, a Category I Potential Carcinogen or a Category II Potential Carcinogen.

###### Effective Date Note

#### Effective Date Note:

At 48 FR 243, Jan. 4, 1983, § 1990.131 was stayed in order to evaluate the impact of publishing the Candidate List and Priority Lists and to reconsider the criteria used in establishing the lists (see also 47 FR 187, Jan. 5, 1982).
[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Notices]
[Page 32141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12693]


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

SMALL BUSINESS ADMINISTRATION

[Declaration of Economic Injury Disaster #9H25]


State of Connecticut (and Contiguous Counties in the State of 
Rhode Island)

    New London County and the contiguous counties of Hartford, 
Middlesex, Tolland, and Windham in Connecticut, and Kent and Washington 
Counties in Rhode Island constitute an economic injury disaster loan 
area as a result of a fire that occurred on March 6, 2000 in the 
Village of Mystic, in the Town of Groton. Eligible small businesses and 
small agricultural cooperatives without credit available elsewhere may 
file applications for economic injury assistance as a result of this 
disaster until the close of business on February 2, 2001 at the address 
listed below or other locally announced locations: U.S. Small Business 
Administration, Disaster Area 1 Office, 360 Rainbow Blvd, South, 3rd 
Floor, Niagara Falls, NY 14303.
    The interest rate for eligible small businesses and small 
agricultural cooperatives is 4 percent.
    The economic injury number for the State of Rhode Island is 9H2600.

(Catalog of Federal Domestic Assistance Program No. 59002)
    Dated: May 8, 2000.
Kris Swedin,
Acting Administrator.
[FR Doc. 00-12693 Filed 5-19-00; 8:45 am]
BILLING CODE 8025-01-P
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. RP00-282-000]

      ( print page 32087)    
Take notice that on May 11, 2000, Williston Basin Interstate Pipeline Company (Williston Basin), tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets listed to become effective June 1, 2000:

Second Revised Sheet No. 260

Fifth Revised Sheet No. 261

First Revised Sheet No. 261A

Second Revised Sheet No. 262

First Revised Sheet No. 290

Second Revised Sheet No. 291

Second Revised Sheet No. 291A

Third Revised Sheet No. 292

Third Revised Sheet No. 293

Williston Basin states that the revised tariff sheets are being filed in compliance with the requirements of Commission Order No. 637 issued February 9, 2000 in Docket Nos. RM98-10-000 and RM98-12-000. Specifically, the changes proposed reflect revisions to applicable sections of Williston Basin's FERC Gas Tariff to remove the price cap for short-term capacity releases and to revise the applicability of right of first refusal to incorporate the requirements of the Commission's Order.

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. 00-12723 Filed 5-19-00; 8:45 am]

BILLING CODE 6717-01-M
#### In the Matter of the Claim of Lizzie Wakefield, Respondent, against World -Telegram et al., Appellants. State Industrial Board, Respondent.

Submitted April 21, 1937;

decided May 25, 1937.

*518
      *James P. Allen, Jr.,*and *John P. Smith*for appellants.

*George V. Grainger*for claimant, respondent.

*John J. Bennett, Jr., Attorney-General {Leon Freedman*of counsel), for State Industrial Board, respondent.

Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ.
#### MOORE et v DUNN et

Ohio Appeals, 6th Dist Ottawa Co

No 121.

Decided April 7, 1930

S. S. Middleton, William Dunipace, Bowling Green, and M. E. Tripp, for Moore et.

L. K. Chambers, Genoa, for Dunn, et.

*317RICHARDS, J.

As the amount given to the husband, Andrew Jackson, lapsed by his de,ath, and Clara Jackson died intestate as to the share in the will intended for him, the provisions of 10582 GC apply and after exhausting the personalty, the undevised real estate is first chargeable with the debts in exoneration, as far as it will go, of the real estate that is devised. No other or different arrangement or intent is apparent in the will. The most that can be said in that regard is that the testatrix intended that if her husband survived her he should be entitled to the provisions in his favor contained in the will. It is apparent, therefore, that the devise to Andrew Jackson having lapsed by his death, all of the undivided half of the real estate as to which she died intestate is first liable, and must first be exhausted in the payment of debts before that can be subjected which was devised to the sister, Eva Dunn.

For these reasons the judgment must be affirmed.

Williams and Lloyd, JJ., concur.
EXHIBIT 10.4

CHARTER OF

THE EXECUTIVE COMMITTEE

OF THE BOARD OF DIRECTORS

OF GOLDLAND HOLDINGS CO.

The Executive Committee of Goldland Holdings Co., a Delaware corporation (the “Company”) is a committee of the Board of Directors of the Company, the composition and responsibilities of which are described in this Executive Committee Charter.

1.

Composition.  In accordance with Article III of the Bylaws of the Company, the Board of Directors, by resolution adopted by a majority of the whole Board of Directors, may designate an Executive Committee.  The Executive Committee shall consist of no fewer than four members.  The members of the Executive Committee shall be appointed by the Board of Directors.  The initial Chairman of the Executive Committee shall be Paul Parliament.  Thereafter, the Chairman of the Executive Committee shall be appointed by the members of the Executive Committee.  The members of the Executive Committee shall serve at the pleasure of the Board of Directors or until their successors shall be duly designated.  Vacancies in the Executive Committee shall be filled by the Board of Directors.

2.

Responsibilities.  In accordance with Article III of the Bylaws of the Company, during the intervals between the meetings of the Board of Directors, the Executive Committee shall have and may exercise all of the authority of the Board of Directors in the management of the business affairs of the Company to the extent authorized by the resolution providing for the Executive Committee or by subsequent resolution adopted by a majority of the whole Board of Directors.  This authorization is subject to the limitations imposed by law, the Bylaws of the Company or the Board of Directors.

Reporting.  The Executive Committee shall keep written minutes of each meeting, which shall set forth the Committee’s actions, and shall be duly filed in the Company’s records.  Reports of meetings of the Executive Committee, including a report of all actions taken, shall be made to the Board of Directors at its next regularly scheduled meeting, following the Executive Committee meeting, accompanied by any recommendations to the Board of Directors approved by the Executive Committee. 

By Order of the Board of Directors,

 

By /s/ John G. Prosser II

    John G. Prosser II, Chairman of the Board

Dated March 24, 2015.
#### § 2.21 Procedure in the event of a demand for production or disclosure.

Whenever an employee or former employee of the Department receives a demand for the production of material or the disclosure of information described in § 2.20(a), he shall immediately notify the appropriate Office of the Solicitor. The appropriate Office of the Solicitor shall be furnished by the party causing the subpoena to be issued with a written summary of the information sought and its relevance to the proceeding in connection with which it was served. The Associate Solicitor, Regional Solicitor, or Associate Regional Solicitor, whichever is appropriate, may waive the requirement that a written summary be furnished where he or she deems it to be unnecessary. The election to waive the requirement of a written summary in no way constitutes a waiver of any other requirement set forth in this subpart.
§ 1918.53 Cargo winches. ( a ) Moving parts of winches and other deck machinery shall be guarded.
( b ) Winches shall not be used if control levers operate with excessive friction or excessive play.
( c ) Double gear winches or other winches equipped with a clutch shall not be used unless a positive means of locking the gear shift is provided.
( d ) There shall be no load other than the fall and cargo hook assembly on the winch when changing gears on a two-gear winch.
( e ) Any defect or malfunction of winches that could endanger employees shall be reported immediately to the officer in charge of the vessel, and the winch shall not be used until the defect or malfunction is corrected.
( f ) Temporary seats and shelters for winch drivers that create a hazard to the winch operator or other employees shall not be used.
( g ) Except for short handles on wheel type controls, winch drivers shall not be permitted to use winch control extension levers unless they are provided by either the ship or the employer. Such levers shall be of adequate strength and securely fastened with metal connections at the fulcrum and at the permanent control lever.
( h ) Extension control levers that tend to fall due to their own weight shall be counterbalanced.
( i ) Winch brakes shall be monitored during use. If winch brakes are unable to hold the load, the winch shall be removed from service.
( j ) Winches shall not be used when one or more control points, either hoisting or lowering, are not operating properly. Only authorized personnel shall adjust control systems.
( k ) When winches are left unattended, control levers shall be placed in the neutral position and the power shall be shut off or control levers shall be locked at the winch or the operating controls.