alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### McGOLDRICK v JEFFERSON IMPROVEMENT CO

Ohio Appeals, 6th Dist, Lucas Co

No 2320.

Decided March 24, 1930

H. Joe Cannon, Toledo, for McGoldrick.

Tyler, McMahon, Smith & Wilson, Toledo, for' Improvement Co.

RICHARDS, J.

At the time of the alleged injury the statute of limitations applicable to the case was four years. General Code Section 11224. This statute was thereafter amended, the amendment becoming effective on August 2, 1927, so as to fix a limitation of two years within which an action may be brought to recover for bodily injury or injury to personal property. This amended statute has been construed by the Supreme Court and held to be applicable to all causes coming within its terms where actions have not been commenced on or before August 2, 1927, where causes of action arose on or before August 2nd, 1925.

> Smith vs. New York Central Railroad Co., Ohio Bar of March 11, 1930.

> (8 Abs 192).

As the action was not commenced until June 4, 1929, and the cause of action arose on June 26, 1925, the two-year satute of limitations applies and the action is barred by the statute of limitations.

It follows, therefore, that the judgment must be affirmed.

Williams and Lloyd, JJ., concur.
#### § 1919.28 Unit proof tests—cranes and gear accessory thereto.

(a) Except as noted in paragraph (e) of this section, cranes and other hoisting machines, together with gear accessory thereto, shall be tested with a proof load which shall exceed the safe working load as follows:

| Safe working load | Proof load |
| --- | --- |
| Up to 20 tons | 25 percent in excess. |
| 20-50 tons | 5 tons in excess. |
| Over 50 tons | 10 percent in excess. |

(b) The proof load shall be lifted and swung as far as possible in both directions. If the jib or boom of the crane has a variable radius, it shall be tested with proof loads, as specified in paragraph (a) of this section, at the maximum and minimum radii. In the case of hydraulic cranes, when due to the limitation of pressure it is impossible to lift a load 25 percent in excess of the safe working load, it will be sufficient to lift the greatest possible load.

(c) Initial proof tests of new cranes shall be made only with a dead load as specified in paragraph (b) of this section.

(d) Initial tests of cranes which have been in service, quadrennial tests, or tests associated with replacements or renewals, may be made with spring or hydraulic balances where dead loads are not reasonably available under the following conditions:

(1) Tests shall be conducted at maximum, minimum, and intermediate radius points, as well as such points in the arc of rotation as meet with the approval of the accredited person.

(2) An additional test shall be conducted with partial load and shall include all functions and movements contemplated in the use of the crane.

(e) In cases where shore-type cranes are mounted permanently aboard barges, the requirements of this Subpart E with respect to unit proof tests and examinations shall not apply and the applicable requirements of Subpart H of this part shall be adhered to with respect to unit proof tests and examinations.
§ 2706.110 Self-evaluation. ( a ) The agency shall, by August 24, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.
( b ) The agency shall provide an opportunity to interested persons, including handicapped persons or organizations representing handicapped persons, to participate in the self-evaluation process by submitting comments (both oral and written).
( c ) The agency shall, until three years following the completion of the self-evaluation, maintain on file and make available for public inspection: ( 1 ) A description of areas examined and any problems identified, and
( 2 ) A description of any modifications made.
Exhibit 99.2


                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund  23 LLC (the "Company") on Form 10-QSB for the period  ended
September  30,  2002, as filed with the Securities  and  Exchange
Commission on the date hereof (the "Report"), I, Mark E.  Larson,
Chief  Financial Officer of AEI Fund Management  XXI,  Inc.,  the
Managing  Member of the Company, certify, pursuant to  18  U.S.C.
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.


                           /s/ Mark E Larson
                               Mark E. Larson, Chief Financial Officer
                               AEI Fund Management XXI, Inc.
                               Managing Member
                               November 1, 2002
§ 1902.42 Effect of affirmative 18(e) determination. ( a ) In making an affirmative 18(e) determination, the Assistant Secretary determines that a State has applied the provisions of its plan, or any modification thereof, in accordance with the criteria of section 18(c) of the Act and that the State has applied the provisions of this part in a manner which renders the actual operations of the State program “at least as effective as” operations under the Federal program.
( b ) In the case of an affirmative 18(e) determination of a separable portion(s) of a plan, the Assistant Secretary determines that the State has applied the separable portion(s) of the plan in accordance with the criteria of section 18(c) of the Act in a manner comparable to Federal operations covering such portions and that the criteria of this part are being applied in a manner which renders the actual operations of such separable portion(s) of the State program “at least as effective as” operations of such portions under the Federal program.
( c ) Upon making an affirmative 18(e) determination, the standards promulgated under section 6 of the Act and the enforcement provisions of section 5(a)(2), 8 (except for the purpose of continuing evaluations under section 18(f) of the Act), 9, 10, 13 and 17 of the Act shall not apply with respect to those occupational safety and health issues covered under the plan for which an affirmative 18(e) determination has been granted. The Assistant Secretary shall retain his authority under the above sections for those issues covered in the plan which have not been granted an affirmative 18(e) determination.
( d ) The Assistant Secretary will retain jurisdiction under the citation and contest provisions of sections 9 and 10 of the Act and the imminent-danger provisions of section 13 where such proceedings have been commenced prior to the date of his determination.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT JULY 31, 2000 AND THE CONSOLIDATED STATEMENT OF
OPERATIONS FOR THE TWELVE MONTHS ENDED JULY 31, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                          32,097
<SECURITIES>                                         0
<RECEIVABLES>                                  848,891
<ALLOWANCES>                                    28,356
<INVENTORY>                                    756,544
<CURRENT-ASSETS>                             2,031,554
<PP&E>                                       1,805,767
<DEPRECIATION>                                 954,494
<TOTAL-ASSETS>                               4,835,881
<CURRENT-LIABILITIES>                        1,531,443
<BONDS>                                      1,293,062
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      2,053
<COMMON>                                        45,290
<OTHER-SE>                                   1,448,507
<TOTAL-LIABILITY-AND-EQUITY>                 4,835,881
<SALES>                                      4,078,838
<TOTAL-REVENUES>                             5,588,236
<CGS>                                        3,161,744
<TOTAL-COSTS>                                4,421,781
<OTHER-EXPENSES>                               174,995
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             108,079
<INCOME-PRETAX>                                385,640
<INCOME-TAX>                                   164,464
<INCOME-CONTINUING>                            221,176
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                      (2,777)
<NET-INCOME>                                   218,339
<EPS-BASIC>                                     4.79
<EPS-DILUTED>                                     4.74


</TABLE>
###### Editorial Note on Part 4

#### Editorial Note:

Nomenclature changes to part 4 appear at 61 FR 19984, May 3, 1996.

#### § 4.1 Purpose and scope.

This part contains the Department of Labor's rules relating to the administration of the McNamara-O'Hara Service Contract Act of 1965, as amended, referred to hereinafter as the Act. Rules of practice for administrative proceedings under the Act and for the review of wage determinations are contained in parts 6 and 8 of this chapter. See part 1925 of this title for the safety and health standards applicable under the Service Contract Act.
EXHIBIT 32

CERTIFICATION

In connection with the Quarterly Report of Capitol Federal Financial (the "Company") on Form 10-Q for the quarterly period ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, John B. Dicus, Chief Executive Officer of the Company and Neil F. M. McKay, Chief Financial 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, that:

1. The Report fully complies with the requirements of Section 13(a) 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 as of the dates and for the periods presented in the financial statements included in such Report.







Date:   February 4, 2004                                    By:   /s/ John B. Dicus
                                                                                     John B. Dicus, President and 
                                                                                     Chief Executive Officer



Date:   February 4, 2004                                   By:   /s/ Neil F. M. McKay
                                                                                     Neil F.M. McKay, Executive Vice President
                                                                                     and Chief Financial Officer





This certification is not deemed "filed" for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liability of that section. This certification will not be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent the Registrant specifically incorporates it by reference.

<Index>
A-AA+Skip to content

                  - Home
                  - Compendium Statistics
                  - Event
                  - Archives
                  - Glossary
                  - Help
                  - Contact
                  - Research on Disability

Annual Disability Statistics Compendium

              - Home /
              - Compendium Statistics /
              - Medicaid and Medicare /
              - 10.4 Medicare—Medicare Enrollment by Type of Entitlement

## Table 10.4: Medicare—Medicare Enrollment by Type of Entitlement: July 1, 2011

----

----

 

----

#### 2012 Disability Compendium

                        - Home
                        - Compendium Statistics                           - Population and Prevelance
                          - Employment
                          - Time Trend Population Statistics
                          - Poverty
                          - Earnings
                          - Veterans
                          - Health Insurance Coverage
                          - Health
                          - Social Security Administration Programs
                          - Medicaid and Medicare
                          - Special Education
                          - Vocational Rehabilitation
                          - Federal Government Spending and Employment
                          - International Disability Statistics
                          - Population Statistics: Disability Type
                        - Event
                        - Archives                           - 2012 Compendium Statistics
                        - Glossary
                        - Help
                        - Contact
                        - Research on Disability

#### Funding for this project is made possible by:

 The Research and Training Center on Disability Statistics and Demographics (StatsRRTC), which is funded by the U.S. Department of Education, National Institute for Disability and Rehabilitation Research, under cooperative agreements H133B080012.

#### Stay Connected

**Institute on Disability**10 West Edge Drive, Suite 101Durham, NH 03824603.862.4320 | relay: 711 | [email protected]www.iod.unh.edu

© 2013. Institute on Disability.University of New Hampshire.
#### Silas Mason Company, Inc., Respondent, *v.*The City of New York, Appellant.

Argued June 8, 1937;

decided July 13, 1937.

*515
      *Paul Windels, Corporation Counsel (John G. Clancy*and *Paxton Blair*of counsel), for appellant.

*Emil N. Baar*and *Arthur Block*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Loeghran, Finch and Ripp-ey, JJ. Taking no part: O’Brien, J.
§ 2570.61 Definitions. For 502(c)(2) civil penalty proceedings, this section shall apply in lieu of the definitions in § 18.2 of this title: ( a ) *Adjudicatory proceeding* means a judicial-type proceeding before an administrative law judge leading to the formulation of a final order;
( b ) *Administrative law ludge* means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105;
( c ) *Answer* means a written statement that is supported by reference to specific circumstances or facts surrounding the notice of determination issued pursuant to § 2560.502c-2(g) of this chapter.
( d ) *Commencement of proceeding* is the filing of an answer by the respondent;
( e ) *Consent agreement* means any written document containing a specified proposed remedy or other relief acceptable to the Department and consenting parties;
( f ) *ERISA* means the Employee Retirement Income Security Act of 1974, as amended;
( g ) *Final Order* means the final decision or action of the Department of Labor concerning the assessment of a civil penalty under ERISA section 502(c)(2) against a particular party. Such final order may result from a decision of an administrative law judge or the Secretary, the failure of a party to file a statement of reasonable cause described in § 2560.502c-2(e) within the prescribed time limits, or the failure of a party to invoke the procedures for hearings or appeals under this title within the prescribed time limits. Such a final order shall constitute final agency action within the meaning of 5 U.S.C. 704;
( h ) *Hearing* means that part of a proceeding which involves the submission of evidence, either by oral presentation or written submission, to the administrative law judge;
( i ) *Order* means the whole or any part of a final procedural or substantive disposition of a matter under ERISA section 502(c)(2);
( j ) *Party* includes a person or agency named or admitted as a party to a proceeding;
( k ) *Person* includes an individual, partnership, corporation, employee benefit plan, association, exchange or other entity or organization;
( l ) *Petition* means a written request, made by a person or party, for some affirmative action;
( m ) *Pleading* means the notice as defined in § 2560.502c-2(g), the answer to the notice, any supplement or amendment thereto, and any reply that may be permitted to any answer, supplement or amendment;
( n ) *502(c)(2) civil penalty proceeding* means an adjudicatory proceeding relating to the assessment of a civil penalty provided for in section 502(c)(2) of ERISA;
( o ) *Respondent* means the party against whom the Department is seeking to assess a civil sanction under ERISA section 502(c)(2);
( p ) *Secretary* means the Secretary of Labor and includes, pursuant to any delegation of authority by the Secretary, any assistant secretary (including the Assistant Secretary for Employee Benefits Security), administrator, commissioner, appellate body, board, or other official; and
( q ) *Solicitor* means the Solicitor of Labor or his or her delegate.
[54 FR 26897, June 26, 1989, as amended at 68 FR 3737, Jan. 24, 2003]
#### Hunter *against*Budd and Jones.

Ku]e t0 pjea¿ (b)

THE writ was returned to *February*term. At *May*term no proceeding was had. At *September,*a rule was taken for defendant to plead in thirty days or judgment. A copy of this rule was not served on defendant, and he did not plead. And now there was motion for judgment. But by

(b)

- vs. *Dill, 1 Hal. 168. Snediker vs. Quick, 1 Gr. 245. Sassenburgh vs. Sharer, 2 Hal. 170*. *Berry vs. Cohanan, 2 Hal. 135. Halsey ads. Miller, 1 Har. 63. Harwood vs. Smethurst, 2 Vr. 502.*

The Court.

A copy of the rule must be served or judgment cannot be taken.
§ 2.20 Purpose, scope and definitions. ( a ) This subpart sets forth the procedures to be followed whenever a subpoena, order, or other demand (hereinafter referred to as a *demand*) of a court or other authority, in connection with a proceeding to which the U.S. Department of Labor is not a party, is issued for the production or disclosure of ( 1 ) any material contained in the files of the Department,
( 2 ) any information relating to material contained in the files of the Department, or
( 3 ) any information or material acquired by any person while such person was an employee of the Department as a part of the performance of his official duties or because of his official status.
( b ) For purposes of this subpart, the term *employee of the Department* includes all officers and employees of the United States Department of Labor appointed by, or subject to the supervision, jurisdiction, or control of the Secretary of Labor.
( c ) ( 1 ) For purposes of this subpart, the term *appropriate Deputy Solicitor of Labor* means the Deputy Solicitor of Labor for National Operations when the person served with a demand is either employed by the National Office of the Labor Department, or who is a former Labor Department employee and is served with a demand in Washington, DC. In all other cases, the term *appropriate Deputy Solicitor of Labor* means the Deputy Solicitor of Labor for Regional Operations.
( 2 ) For purposes of this subpart, the term *appropriate Office of the Solicitor* means that Office of the Associate Solicitor of Labor (in Washington, DC) serving as counsel to the program to which the demand relates, where the person served with a demand is employed by the National Office of the Labor Department, or who is a former Labor Department employee and is served with a demand in Washington, DC. In all other cases, the term *appropriate Office of the Solicitor* means that Regional Solicitor's Office or Associate Regional Solicitor's Office serving the locality in which the employee or former employee is served with a demand.
( d ) This subpart is intended to provide instructions regarding the internal operations of the Department of Labor, and is not intended, and does not, and may not, be relied upon to create any right or benefit, substantive or procedural, enforceable at law by a party against the Department of Labor.
## APPENDIX D

May 30, 2007 letter to the US EPA Region 9 AdministratorALLEN BIAGGI Director I

State of Nevada Department of Conservation and Natural Resources 

# a )ffice of the Director Wchard H. Bryan Building 901 S. Stewart Street, Suite 5001 Carson City, Nevada 89701 Telephone (775) 684-2700 Facsimile (775) 684-27 15 JIM GIBBONS Governor KAY SCHERER Deputy Director

Division of Conservation Districts Division of Environmental Protection Division of Forestry Division of State Lands Division of State Parks Division of Water Resources Natural Heritage Program WiId Horse Program

www .dcnr.nv.gov STATE OF NEVADA 

## Department of Conservation and Natural Resources

OFFICE OF THE DIRECTOR

May 30,2007

Wayne Nastri Regional Administrator ORA- 1, USEPA Region 

### 9 75 Hawthorne Street San Francisco CA 94105

Dear Mr. Nastri:

Nevada Revised Statutes445B.205 designates the Department of Conservation and Natural Resources (Department) as the air pollution control agency for the %fate of Nevada for the purposes of the Clean Air kct insofar as it pertains to State programs. Within the Department, the Division of Environmental Protection has responsibility to manage the air quality planning and air pollution control programs for the State of Nevada. Therefore, pursuant to Nevada Administrative Code 445B.053, I am hereby assigning the Administrator of the Nevada Division of Environmental Protection, or the Deputy Administrator acting on his behalf, to be my official designee for the purposes of the Clean Air Act, including, but not limited to, adoption, revision and submittal of state plans and state implementation plans.

Sincerely,

Allen Biaggi Director

cc Michael Dayton, Chief of Staff, Office of the Governor Jodi Stephens, Deputy Chief of Staff, Office of the Governor Leo Drozdoff, Administrator, NDEP Colleen Cripps, Deputy Administrator, NDEP Tom Porta, Deputy Administrator,NDEP Deborah Jordan, Director, EPA Air Division, Region IX Jefferson Wehling, ORC, EPA Region IX



## I (NSPO Rev. 1-07) (0)1451