alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BRADNER v KELLY

Ohio Appeals, 6th Dist, Wood Co

No. 459.

Decided November 25, 1929

Mr. Benjamin F. James, Bowling Green, for Bradner.

Messrs. Ora Wade and S. W. Bowman, Bowling Green, for Kelly.

WILLIAMS, J.

The language of the amended petition in each case is somewhat ambiguous but under the Code we must give the pleading a liberal construction. As to the suit brought by the father, it appears from the amended petition that the landlord had knowledge of the contaminated condition of the well at the time he made the lease and that the plaintiff lessee had no knowledge thereof prior to the time the sickness befell him. The. rule is that where a landlord leases premises to a tenant and at the. time knows of a hidden, dangerous condition of the premises and conceals the same from the tenant, and the tenant, without knowledge of such dangerous condition or of facts which would charge him with knowledge thereof, is injured-thereby, the landlord is guilty of such deceit as will render him liable for injuries and damages directly and proximately •caused by such dangerous condition. Shinkle vs. Birney, 68 Ohio St., 328, 334, 335.

The amended petition in the action brought by the tenant stated a cause of .action within this rule.

As to the action brought by the minor son, it fairly appears from the allegations of the amended petition filed by the minor that at the time the premises were leased the lessor, knowing of the contamination of the well on the premises, which would endanger and imperil health and life, made the lease with this knowledge, that this condition amounted to nuisance, and that he is liable to persons lawfully on the premises, as the minor was, who did not know of the contamination of the well, and the landlord is not relieved from liability by leasing the premises. 16 R. C. L., 1076, Sec. 594 and cases cited.

The amended petition in the action brought by the. minor stated a good cause of action.

The demurrers were erroneously sustained to the prejudice, of the plaintiff in each of the cases and the judgments will be reversed and causes remanded with directions to overrule .the demurrers and for further proceedings according to law.

Lloyd and Richards, JJ., concur.
----

Reference for a preliminary ruling by the Oberste Gerichtshof by order of that court of 21 July 2004 in the case of Land Oberösterreich against ČEZ a.s.

(Case C-343/04)

(2004/C 251/14)

Reference has been made to the Court of Justice of the European Communities by order of the Oberste Gerichtshof of 21 July 2004 received at the Court Registry on 10 August 2004, for a preliminary ruling in the case of Land Oberösterreich against ČEZ a.s. on the following question:

Is the term ‘proceedings which have as their object rights in rem in immovable property’ in Article 16(1)(a) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (‘the Brussels Convention’) to be interpreted as including a (preventive) action for an injunction, pursuant to Paragraph 364(2) of the Allgemeines bürgerliches Gesetzbuch (‘the ABGB’) (the General Civil Code), prohibiting emissions from a property located in a neighbouring State — which is not a Member State of the European Union — affecting land owned by the claimant (in this case, ionising radiation emitted from a nuclear plant in the Czech Republic)?

----
<PAGE>   1
                                                                    Exhibit (23)





               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS





The Board of Directors and Stockholders
Lindal Cedar Homes, Inc.:


We consent to incorporation by reference in the registration statements (Nos.
33-64186 and 333-28509) on Form S-8 of Lindal Cedar Homes, Inc. of our report
dated February 28, 2000 relating to the consolidated balance sheets of Lindal
Cedar Homes, Inc. and subsidiaries as of December 31, 1999 and 1998, and the
related consolidated statements of operations, stockholders' equity, and cash
flows for each of the years in the three-year period ended December 31, 1999 and
related schedule, which report appears in the December 31, 1999, annual report
on Form 10-K of Lindal Cedar Homes, Inc.


/s/ KPMG LLP


Seattle, Washington
March 28, 2000
Order entered October 19, 2017

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-01122-CV

CIA BABIY, Appellant

V.

RAMZI MORGAN KELLEY, Appellee

On Appeal from the 416th Judicial District Court

Collin County, Texas

Trial Court Cause No. 416-04069-2015

ORDER

Before the Court is the October 17, 2017 request of court reporter Destiny M. Moses for 

an extension of time to file the reporter’s record. We GRANT the request and ORDER the 

reporter’s record filed by Monday, November 27, 2017.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
§ 4211.23 Approval of alternative method. ( a ) *General.* The PBGC shall approve an alternative allocation method or modification to an allocation method if the PBGC determines that adoption of the method or modification would not significantly increase the risk of loss to plan participants and beneficiaries or to the PBGC.
( b ) *Criteria.* An alternative allocation method or modification to an allocation method satisfies the requirements of paragraph (a) of this section if it meets the following three conditions: ( 1 ) The method or modification allocates a plan's unfunded vested benefits, both for the adoption year and for the five subsequent plan years, to the same extent as any of the statutory allocation methods, or any modification to a statutory allocation method permitted under subpart B.
( 2 ) The method or modification allocates unfunded vested benefits to each employer on the basis of either the employer's share of contributions to the plan or the unfunded vested benefits attributable to each employer. The method or modification may take into account differences in contribution rates paid by different employers and differences in benefits of different employers' employees.
( 3 ) The method or modification fully reallocates among employers that have not withdrawn from the plan all unfunded vested benefits that the plan sponsor has determined cannot be collected from withdrawn employers, or that are not assessed against withdrawn employers because of section 4209, 4219(c)(1)(B) or 4225 of ERISA.
( c ) *PBGC action on request.* The PBGC's decision on a request for approval shall be in writing. If the PBGC disapproves the request, the decision shall state the reasons for the disapproval and shall include a statement of the sponsor's right to request a reconsideration of the decision pursuant to part 4003 of this chapter.
(76 South. 990)

#### EUTAW ICE, WATER & POWER CO. v. McGEE.

(2 Div. 161.)

(Court of Appeals of Alabama.

June 30, 1917.

Rehearing Denied Nov. 13, 1917.)

Appeal and Error &wkey;>509 — Service oe Citation — Necessity.

The record not showing any citation or notice of appeal was issued or served on an adverse party, as required by Code 1907, § 2881, and no appearance being entered by or for any one as appellee, appeal must be dismissed.

' Appeal from Circuit Court, Greene County; A. S. Van de Graaf, Judge.

Mandamus .by Mrs. Carrie McGee against the Butaw Ice, Water & Power Company. From an adverse judgment, respondent appeals.

Appeal dismissed.

The petitioner in the circuit court (appellee here) filed her petition in the circuit court of Greene county against the appellant, praying a writ of mandamus to compel the appellant (respondent in the court below) requiring it to do certain things. From a judgment awarding the writ as prayed, respondent appeals.

R. B. Evins, of Greensboro, for appellant. Harwood, McKinley, McQueen & Aldridge, of Eutaw, for appellee.

SAMFORD, J.

The record fails to show that any citation or notice of appeal was issued or served upon any adverse party as required by Code, § 28S1, and no appearance is entered in this court by or for any one as appellee. There is not before this court any adverse party against whom judgment could be rendered in the event of a reversal. Miller v. Parker, 47 Ala. 312. Therefore, under authority of section 28S1 of the Code, Williams v. Harper, 95 Ala. 610, 10 South. 327, and Frierson v. Haley, 1 Ala. App. 576, 55 South. 429, and authorities there cited, the appeal in this cause must be dismissed. But on the merits, see Birmingham Waterworks Co. v. Carrie Brooks, ante, p. 209, 76 South. 515, and Ex parte Brooks, 200 Ala. 697, 76 South. 995.

Appeal dismissed.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Hoa Hao Buddhist Congregational Church Texas Chapter and 

Dung Anh Nguyen, Relators

Appellate case number: 01-14-00059-CV

Trial court case number: 1035611

Trial court: County Civil Court at Law No. 4 of Harris County

On January 21, 2014, relators, Hoa Hao Buddhist Congregational Church Texas Chapter 

and Dung Anh Nguyen, filed a petition for writ of mandamus and a motion for emergency

temporary relief. Relators’ motion for emergency temporary relief is granted. The trial court’s 

January 15, 2014 order requiring relators to “comply fully with the Petitioner’s discovery 

demands, as initially served on November 14, 2013” is stayed. See TEX. R. APP. P. 52.10(b). The 

stay is effective until disposition of relators’ petition for writ of mandamus or further order of 

this Court. 

The Court further requests a response to the petition for writ of mandamus from the real 

party in interest, Sarah Huynh. The response, if any, is due no later than Friday, February 21, 

2014. 

It is so ORDERED.

Judge’s signature: /s/ Jim Sharp

 Acting individually  Acting for the Court

Date: January 22, 2014
Exhibit 31.2

Certification of Chief Executive Officer under Rule 13a-14a/15d-14(a)

     I Harold Kramer, certify that:

     1.   I have reviewed this quarterly report on Form 10-QSB of
Visual Bible International, Inc.;

     2.   Based upon my knowledge, this quarterly report does not
contain any untrue statement of a material fact or omit to state a
material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading
with respect to the period covered by this quarterly report.

     3.   Based upon my knowledge, the financial statements, and
other financial information included in this quarterly report,
fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and
for, the periods presented in this quarterly report.

     4.   The registrant's other certifying officers and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for
the registrant and have:

          a)   Designed such disclosure controls and procedures to
ensure that material information relating to the registrant,
including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in
which this quarterly report is being prepared;

          b)   Evaluated the effectiveness of the registrant's
disclosure controls and procedures as of a date within 90 days prior
to the filing date of this quarterly report (the "Evaluation Date");
and

          c)   Presented in this quarterly report our conclusions
about the effectiveness of the disclosure controls and procedures
based on our evaluation as of the Evaluation Date.

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

          a)   All significant deficiencies in the design or
operation of internal controls which could adversely affect the
registrant's ability to record, process, summarize and report
financial data and have identified for the registrant's auditors any
material weaknesses in internal controls; and

          b)   Any fraud, whether or not material, that involves
management or other employees who have a significant role in the
registrant's internal controls.

     6.   The registrant's other certifying officer and I have
indicated in this quarterly report whether or not there were
significant changes in internal controls or in other factors that
could significantly affect internal controls subsequent to the date
of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.


Date: November 20, 2003            /s/ Harold Kramer


                                   Harold Kramer, Principal
                                   Executive Officer
§ 38.97 Notification of finding of noncompliance. Where a compliance review or complaint investigation results in a finding of noncompliance, the Director must notify: ( a ) The grant applicant or recipient;
( b ) The grantmaking agency; and
( c ) The Assistant Attorney General.
EXHIBIT 31.1

CERTIFICATION

       I, Charles S. Conoley, certify that: 

l.        I have reviewed this quarterly report on Form 10-QSB of Horizon Bancorporation, Inc.;

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

3.        Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4.        The small business issuer's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:

       (a)       Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

       (b)       [Intentionally omitted]

       (c)       Evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

       (d)       Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5.       The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of the internal control over financial reporting, to the small business issuer's auditors and the audit committee of small business issuer's board of directors (or persons performing the equivalent functions):

       (a)       All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

       (b)       Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.

Date: May 7, 2004.

/S/ Charles S. Conoley
#### § 4043.20 Post-event filing obligation.

The plan administrator and each contributing sponsor of a plan for which a reportable event under this subpart has occurred are required to notify PBGC within 30 days after that person knows or has reason to know that the reportable event has occurred, unless a waiver or extension applies. If there is a change in plan administrator or contributing sponsor, the responsibility for any failure to file or defective filing lies with the person who is the plan administrator or contributing sponsor of the plan on the 30th day after the reportable event occurs.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
Annual Report of K-V Pharmaceutical Company (the Company) on Form 10-K for the fiscal year ended March 31, 2011, as filed with the Securities and Exchange Commission (the Report), I, Gregory J. Divis, President and Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |                                      
|---------------------- |  |  |  | -------------------------------------
|Date: December 8, 2011 |  |  |  | /s/ Gregory J. Divis                 
|                       |  |  |  | Gregory J. Divis                     
|                       |  |  |  | President and Chief 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 the Company and will be retained by the Company
and furnished to the Securities and Exchange Commission or its staff upon request.

The foregoing certification is being
furnished to the Securities and Exchange Commission as our exhibit to the Form 10-K and shall not be deemed to be considered filed as part of the Form 10-K.
###### Editorial Note on Part 4

#### Editorial Note:

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

#### § 4.151 Employees covered by provisions of section 2(a).

The provisions of sections 2(a) and 4(c) of the Act prescribe labor standards requirements applicable, except as otherwise specifically provided, to every contract in excess of $2,500 which is entered into by the United States or the District of Columbia for the principal purpose of furnishing services in the United States through the use of service employees. These provisions apply to all service employees engaged in the performance of such a contract or any subcontract thereunder. The Act, in section 8(b) defines the term *service employee.* The general scope of the definition is considered in § 4.113(b) of this subpart.
#### In the Matter of Florence Newborn, Appellant, against Joseph M. Feely, Individually and as Surrogate of the County of Monroe, et al., Respondents, Impleaded with Others.

Argued September 27, 1937;

decided October 5, 1937.

*Arthur*V. *D. Chamberlain*for motion.

*Franklin H. Smith*opposed.

Motion granted and appeals dismissed, with costs and ten dollars costs of motion.
#### § 4068.1 Purpose; cross-references.

This part contains rules regarding the PBGC's lien under section 4068 of ERISA with respect to liability arising under section 4062, 4063, or 4064 of ERISA.
#### § 408.10 Maintenance and retention of records.

Every person required to file any report under this part shall maintain records on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Office of Labor-Management Standards may be verified, explained or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than five years after the filing of the documents based on the information which they contain.
[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Notices]
[Pages 33611-33612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12985]


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

SMALL BUSINESS ADMINISTRATION


Reporting and Recordkeeping Requirements Under OMB Review

AGENCY: Small Business Administration.

ACTION: Notice of Reporting Requirements Submitted for OMB Review.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. 
Chapter 35), agencies are required to submit proposed reporting and 
recordkeeping requirements to OMB for review and approval, and to 
publish a notice in the Federal Register notifying the public that the 
agency has made such a submission.

[[Page 33612]]


DATES: Submit comments on or before June 23, 2000. If you intend to 
comment but cannot prepare comments promptly, please advise the OMB 
Reviewer and the Agency Clearance Officer before the deadline.

COPIES: Request for clearance (OMB 83-1), supporting statement, and 
other documents submitted to OMB for review may be obtained from the 
Agency Clearance Officer.

ADDRESSES: Address all comments concerning this notice to: Agency 
Clearance Officer, Jacqueline White, Small Business Administration, 409 
3rd Street, SW., 5th Floor, Washington, DC 20416; and OMB Reviewer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Jacqueline White, Agency Clearance 
Officer, (202) 205-7044.

SUPPLEMENTARY INFORMATION:
    Title: Financial Institution Confirmation Form.
    Form No: SBA Form-860.
    Frequency: On Occasion.
    Description of Respondents: SBIC Investment Companies.
    Annual Responses: 750.
    Annual Burden: 750.

Jacqueline White,
Chief, Administrative Information Branch.
[FR Doc. 00-12985 Filed 5-23-00; 8:45 am]
BILLING CODE 8025-01-P