alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### LYONS v BENGEL

Ohio Appeals, 4th Dist, Meigs Co

Decided December 11, 1929

Messrs. Henry W. Cherrington, Gallipolis, and A. D. Russell, Pomeroy, for Lyons.

Mr. A. P. Miller, Pomeroy, for Bengel.

MIDDLETON, PJ.

It has been frequently held by the courts of this state that a failure to have an affirmative allegation in a bill of exception from the trial court that it contains all the evidence, before the court on any matter of which complaint is made is destructive of any power of a reviewing court to review on the weight of the evidence. A case directly in point in the instant case is that of Electric Railway Co. vs. Hunter, 10 C. C. (n. s.) 564, affirmed 60 OS. 634.

In the instant case in all the matters complained of affidavits were filed by both the plaintiff in error and the defendant in error. In the absence of any certificate from the trial court that such affidavits constitute, all the evidence adduced in the hearing of these matters the state of the record is such that this court has no power to say that the order and judgment of the trial court in each particular instance was not proper. For this reason the judgment of the lower court must be affirmed.

We think, however, it might be proper to say that we regard the most serious question involved in this complaint to be the application for a change of venue. If we in respect to this matter should assume that all of the evidence is before the court we would be compelled to hold that such application came too late to be available to the plaintiff in error. It is essential to the force of an application of this kind that it should be made in good faith and for no purpose except in the furtherance of justice to the applicant. If such application is so delayed as to raise a presumption that it is made for delay only or because of some matter *59occuring in the progress of the case not to the satisfaction of the complainant it is of no avail. In many states the time within which such application shall be made is fixed by statute, but where there is no statutory provision it is the general ■rule that the application should be made in reasonable time and as soon as the party making the same has had full opportunity to do so. 27 R. C. L. 820, 4 Ency. PL & Pr. 428. In the instant case Lyons not only delayed his application until after he had filed a motion which required an amended petition and an answer to such amended petition, and had Drocured a continuance of the case and several other rulings by the court, but when he did make the application it was done under such circumstances as to raise a very strong presumption that it was then made only for the purpose of delaying the trial of the case.

In the two remaining complaints the discretion of the trial court alone was involved, and if we were permitted to dispose of the questions on their merits by a proper bill of exceptions we would reach a judgment in harmony with that of the lower court.

Mauck and Blosser, JJ:, concur.
# EUR-Lex - 31999R1381 - EN

Avis juridique important

*|*

# 31999R1381

**Council Regulation (EC) No 1381/1999 of 28 June 1999 amending Regulation (EC) No 1255/96 temporarily suspending the autonomous Common Customs Tariff duties on certain industrial and agricultural products **

*
Official Journal L 165 , 30/06/1999 P. 0001 - 0006 *

COUNCIL REGULATION (EC) No 1381/1999

of 28 June 1999

amending Regulation (EC) No 1255/96 temporarily suspending the autonomous Common Customs Tariff duties on certain industrial and agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) It is in the interest of the Community to suspend partially or totally the autonomous Common Customs Tariff duties for a number of new products not listed in the Annex to Regulation (EC) No 1255/96(1);

(2) The products referred to in the said Regulation, for which it is no longer in the Community's interest to maintain suspension of autonomous Common Customs Tariff duties or for which it is necessary to amend the description in the light of technical developments, are to be withdrawn from the list in the Annex thereto;

(3) For the sake of clarity, products whose description requires amendment should be regarded as new products,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1255/96 is hereby amended as follows:

1. the products set out in Annex I to this Regulation shall be inserted;

2. the products for which the codes are set out in Annex II to this Regulation shall be deleted.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

It shall apply with effect from 1 July 1999.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 28 June 1999.

For the Council

The President

M. NAUMANN

(1) OJ L 158, 29.6.1996, p. 1. Regulation as last amended by Regulation (EC) No 2797/98 (OJ L 352, 29.12.1998, p. 1).

ANNEX I

>TABLE>

ANEXO II/BILAG II/ANHANG II/ΠΑΡΑΡΤΗΜΑ II/ANNEX II/ANNEXE II/ALLEGATO II/BIJLAGE II/ANEXO II/LIITE II/BILAGA II

>TABLE>
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 04776**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name 3**  **Description** x 04776\04776_PartA.xls Plant submitted survey file x 04776\04776_PartB.xls Plant submitted survey file x 04776\04776_PartC.xls Plant submitted survey file x 04776\04776_PartD.xls Plant submitted survey file x 04776\04776_PartH.xls Plant submitted survey file

04776\Certification Statement Plant ID 04776.pdf Plant certification statement x 04776\Supplemental Documents\04776_Email Correspondence.pdf Follow-up correspondence and materials for the survey. x x 04776\Supplemental Documents\04776_MAP 1 NS 1.pdf Plant submitted supplemental files to the survey x 04776\Supplemental Documents\04776_NS 1 WB 1.xls Plant submitted supplemental files to the survey x 04776\Supplemental Documents\04776_NS 1 WB 2.xls Plant submitted supplemental files to the survey x 04776\04776_Checklist.xls EPA Technical Review Checklist Workbook

04776\04776_Completeness_Checklist.xls EPA Completeness Review Checklist

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket. 3No hardcopy log is included for this plant as no hardcopy materials were received.
The Honorable Ann D. Montgomery, United States District Judge for the

1

District of Minnesota, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-3346

_____________

Charles L. Allen, Jr.; Judith D. Curry; *

Rickey Evans; *

*

Plaintiffs-Appellants, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Arkansas.

City of Little Rock; Rubin W. Webb, in *

his official and individual capacity; * [UNPUBLISHED]

James T. Cantrell, in his official and *

individual capacity; *

*

Defendants-Appellees. *

_____________

Submitted: March 9, 1998

Filed: March 18, 1998

_____________

Before BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and

MONTGOMERY, District Judge.1

_____________

PER CURIAM.
The Honorable James M. Moody, United States District Judge for the Eastern 2

District of Arkansas.

-2-

The District Court granted summary judgment to all the defendants. The court 2

determined that plaintiffs, who were terminated from their positions as probationary

firefighters without a hearing, were at-will employees and had no property interest in

their positions; thus they were not entitled to the due process protections afforded by

the Fourteenth Amendment. Plaintiffs appeal.

Having considered the briefs, the record, and the arguments of the parties, we

are satisfied the judgment of the District Court is correct. No error of law appears, and

an opinion would lack precedential value. Accordingly, we forego extended

discussion.

The judgment of the District Court is AFFIRMED. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 99.1


                            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 of American Sports Development Group Inc.
(the "Company") on Form 10-QSB for the period ending March 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Matt Horn, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss. 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 result of operations of
          the Company.


/s/ Matt Brown
--------------
Matt Brown
Chief Executive Officer

Dated:  May 20, 2003
Enclosure 3-1 ENCLOSURE 3 PUBLIC MEETING NOTICEEnclosure 3-2Enclosure 3-3Enclosure 3-4
## **Exhibit31.2**

##  

## Louisville Gas andElectric Company

 

I, S. Bradford Rives, Chief Financial Officer, certify that:

 

1. I have reviewed this annual report on Form 10-K of Louisville Gasand Electric Company;

 

2. Based on my knowledge, this annual report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisannual report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;

 

4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this annual report is being prepared;

 

b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and

 

c) disclosed in this annual report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;

 

5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent functions):

 

a) all significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and

 

b) any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

 
| Date:  March  30, 2005 |
|-----------------------------|
|                        |
| /s/ S. Bradford Rives       |   |
| S. Bradford Rives           |
| Chief Financial Officer     |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-27-1999
<PERIOD-END>                               JUN-27-1999
<CASH>                                             495
<SECURITIES>                                         0
<RECEIVABLES>                                   12,492
<ALLOWANCES>                                     2,347
<INVENTORY>                                     16,093
<CURRENT-ASSETS>                                30,471
<PP&E>                                          13,188
<DEPRECIATION>                                  11,669
<TOTAL-ASSETS>                                  59,654
<CURRENT-LIABILITIES>                           15,284
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           157
<OTHER-SE>                                      24,080
<TOTAL-LIABILITY-AND-EQUITY>                    59,654
<SALES>                                         89,143
<TOTAL-REVENUES>                                89,143
<CGS>                                           71,416
<TOTAL-COSTS>                                   90,258
<OTHER-EXPENSES>                                 1,025
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,451
<INCOME-PRETAX>                                (3,591)
<INCOME-TAX>                                     (511)
<INCOME-CONTINUING>                            (3,080)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,080)
<EPS-BASIC>                                      (.20)
<EPS-DILUTED>                                    (.20)


</TABLE>
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

 FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

FRANK LANDON ADAMS, JR.,

Appellant,

v. Case No. 5D16-1914

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed December 22, 2016

3.800 Appeal from the Circuit 

Court for Putnam County,

Scott C. Dupont, Judge.

Frank Landon Adams, Jr., Cross City, 

pro se.

Pamela Jo Bondi, Attorney General, 

Tallahassee, and L. Charlene Matthews, 

Assistant Attorney General, Daytona 

Beach, for Appellee.

PER CURIAM.

Appellant, Frank Landon Adams, Jr., is appealing the postconviction court’s denial 

of his “Motion to Correct Illegal Sentence” filed pursuant to Florida Rule of Criminal 

Procedure 3.800(a).

In Ground One, Sub-Claim One, Adams asserts that his sentence is illegal 

because the trial judge, as opposed to the jury before whom he was tried, made the 
2

finding that he was a danger to the public. Adams further claimed that by doing so, the 

trial court circumvented the statutory maximum sentence in section 775.082(10), Florida 

Statutes (2012), and disregarded the U.S. Supreme Court’s holdings in Apprendi and 

Blakely.

1 The lower court appears to have misconstrued Adams’ claim because in 

denying relief, the court simply found that Adams’ upward departure sentence was legal 

because the trial judge found Adams to be a danger to the public. The lower court failed 

to address Adams’ allegation of an Apprendi/Blakely violation. We reverse and remand 

as to this ground with instructions for the trial court to consider and rule on the merits of 

Adams’ Apprendi/Blakely claim. We affirm all other issues without further discussion.2

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

COHEN, LAMBERT, and EDWARDS, JJ., concur.

 

1 Apprendi v. New Jersey, 530 U.S. 466 (2000); Blakely v. Washington, 542 U.S. 

296 (2004).

2 Appellant did not address Ground Two of his motion in his brief; therefore, it is 

deemed to be abandoned. See Ward v. State, 19 So. 3d 1060, 1060 (Fla. 5th DCA 2009).
EXHIBIT 32.1
   (1)
    
    the Quarterly Report of Form 10-Q of the Registrant, to which this certification is
attached as an exhibit (the Report), fully complies with the requirements of section 13(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and(2)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Registrant.
  /s/ Gregory T. LucierGregory T. LucierChief Executive Officer A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form
within the electronic version of this written statement required by Section 906, has been provided
to Life Technologies and will be retained by Life Technologies and furnished to the Securities and
Exchange Commission or its staff upon request.
§ 1614.307 Organization of Special Panel. ( a ) The Special Panel is composed of: ( 1 ) A Chairman appointed by the President with the advice and consent of the Senate, and whose term is 6 years;
( 2 ) One member of the MSPB designated by the Chairman of the Board each time a panel is convened; and
( 3 ) One member of the EEOC designated by the Chairman of the Commission each time a panel is convened.
( b ) *Designation of Special Panel member* — ( 1 ) *Time of designation.* Within five days of certification of the case to the Special Panel, the Chairman of the MSPB and the Chairman of the EEOC shall each designate one member from their respective agencies to serve on the Special Panel.
( 2 ) *Manner of designation.* Letters of designation shall be served on the Chairman of the Special Panel and the parties to the appeal.
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation by
reference of our reports dated July 13, 1999 included in the Form 10-K/A
Amendment No. 3 of Coyote Network Systems, Inc. for the year ended March 31,
1999 into (i) Registration Statement on Form S-3 (File No. 33-88392), (ii)
Registration Statement on Form S-8 (File No. 33-57188) and (iii) Registration
Statement on Form S-3 (File No. 333-1055).




ARTHUR ANDERSEN LLP

Los Angeles, California
March 13, 2000
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This Schedule contains summary financial information extracted from Baron
Capital Properties, L.P. financial statements for the twelve months ended
December 31, 1999 and is qualified in its entirety by reference to such
financial statements.
 </LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-END>                    DEC-31-1999
<CASH>                                               79,641
<SECURITIES>                                              0
<RECEIVABLES>                                       341,872
<ALLOWANCES>                                              0
<INVENTORY>                                               0
<CURRENT-ASSETS>                                    421,513
<PP&E>                                            7,502,769
<DEPRECIATION>                                  (1,453,177)
<TOTAL-ASSETS>                                    7,590,767
<CURRENT-LIABILITIES>                             1,218,661
<BONDS>                                           4,370,486
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                                  0
<OTHER-SE>                                        2,001,620
<TOTAL-LIABILITY-AND-EQUITY>                      7,590,767
<SALES>                                                   0
<TOTAL-REVENUES>                                    585,136
<CGS>                                                     0
<TOTAL-COSTS>                                     1,024,213
<OTHER-EXPENSES>                                  2,202,173
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                        0
<INCOME-PRETAX>                                 (2,641,250)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                                       0
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                    (2,641,250)
<EPS-BASIC>                                          (1.43)
<EPS-DILUTED>                                        (1.43)



</TABLE>
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.                  

###### Federal Election Commission

# AGENCY:

Federal Election Commission.

## Cancellations of Previously Announced Meetings

### Tuesday, May 16, 2000, 10 a.m.

Meeting closed to the public.

### Thursday, May 18, 2000, 10 a.m.

Meeting open to the public.

# DATE AND TIME: 

Tuesday, May 23, 2000 at 10 a.m.

# PLACE: 

999 E Street NW, Washington, DC.

# STATUS: 

This meeting will be closed to the public.

# ITEMS TO BE DISCUSSED:

 

Compliance matters pursuant to 2 U.S.C. 437g.

Audits conducted pursuant to 2 U.S.C. 437g, 438a(b), and Title 26, U.S.C.

Matters concerning participation in civil actions or proceedings or arbitration.

Internal personnel rules and procedures or matters affecting a particular employee.

# DATE AND TIME: 

Thursday, May 25, 2000 at 10 a.m.

# PLACE: 

999 E Street NW, Washington, DC (ninth floor).

# STATUS:

 This meeting will be open to the public.

# ITEMS TO BE DISCUSSED:

 

Correction and approval of Minutes

Draft Advisory Opinion 2000-06

Gerald M. Moan on behalf of the 2000 Convention Committee of the Reform Party U.S.A.

Draft Advisory Opinion 2000-07

Alcatel USA, Inc. by counsel, Jonathan B. Newton

Proposal to initiate a Notice of Proposed Rulemaking on Political Committee Definition (11 CFR 100.5)

Administrative matters.

# PERSON TO CONTACT FOR INFORMATION: 

Ron Harris, Press Officer, telephone: (202) 694-1220.

Mary W. Dove,

Acting Secretary of the Commission.

[FR Doc. 00-12623  Filed 5-16-00; 11:39 am]

BILLING CODE 6715-01-M