alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(76 South. 478)

#### CARMICHAEL et al. v. J. C. JONES & BRO.

(7 Div. 379.)

(Court of Appeals of Alabama.

June 12, 1917.)

Apbeal and Error <&wkey;87(7) — Order Appeal-able-Denial oe Motion to Set Aside Deeault.

No appeal lies to the Court of Appeals from an order of a nisi prius court denying and overruling a motion to set aside a judgment by default and to grant a new trial, and error cannot be assigned on such action. Motion to set aside judgments by default is addressed to the sound discretion of the court, and is not subject to revision on appeal, in the absence of statutory provision.

Appeal from City Court of Talladega; Marion H. Sims, Judge.

Suit by J. O. Jones & Bro. against Moses Carmichael and others. Erom an order overruling defendants’ motion to set aside judgment for plaintiffs by default, defendants appeal, and plaintiffs move to dismiss the appeal.

Appeal dismissed.

M. D. Ivey, of Talladega, for appellants. Prank D. Yance, of Talladega, for appellees.

BRICKEN, J.

The appellees (plaintiffs in the court below) brought suit against the appellants; the action being based upon a promissory waive note, and commenced in the city court of Talladega by summons and complaint, which was issued by the clerk of said court on the 27th day of July, 1915, and was regularly executed uy the sheriff of said county by personal service upon each of the defendants on July 31, 1915. No appearance having been entered for the defendants and no pleadings having been filed by either of *195them, a judgment by default for the amount sued for was rendered against the- defendants, on proof of indebtedness, on the 6th day of September, 1915. On September 30, 1915, defendants (appellants here), made a motion to set aside the judgment by default, and on October 9, 1915, when said motion was heard and determined, the court below overruled said motion to set aside the judgment by default, and from this action of the court the defendants appeal.

Motion is here made by the appellees to dismiss the appeal; the motion being based upon the grounds that it is taken from the order of the city court of Talladega refusing to set aside the judgment by default rendered against the defendants on the 6th day of September, 1915. This motion must be granted, and the appeal dismissed, as no appeal lies to this court from an order of a nisi prius court denying and overruling a motion to set aside a judgment by default and to grant a new trial, and error cannot be assigned upon such action. The motion to set aside the judgment by default was addressed to the sound discretion of the court, and is not, therefore, subject to revision on appeal, and, in the absence of a statutory provision to this effect, cannot be considered by us. Ledbetter & Co. et al. v. Vinton, 108 Ala. 644, 18 South. 692; Colley v. Spivey, 127 Ala. 109, 28 South. 574; Haygood v. Tait, 126 Ala. 264, 27 South. 842; Ellis & Co. v. Brannon et al., 161 Ala. 573, 49 South. 1034; Allen v. Lathrop-Hatton Lumber Co., 90 Ala. 490, 8 South. 129; Sparks v. J. S. Reeves & Co. et al., 165 Ala. 352, 51 South. 574.

Appeal dismissed.
§ 505.4 Receipt of grant funds. ( a ) The grantee shall not receive funds authorized by section 5 or section 7 of the Act until adequate initial assurances have been filed with the Chairperson of the National Endowment for the Arts or the Chairperson of the National Endowment for the Humanities, pursuant to sections 5(i) (1) and (2) and sections 7(g) (1) and (2) of the Act as provided in § 505.5(a), that all professional performers and related or supporting professional personnel will be paid not less than the prevailing minimum compensation and that the safety and health requirements will be complied with. Neither shall the grantee receive any such funds if and after the Chairperson of the National Endowment for the Arts or Chairperson of the National Endowment for the Humanities is advised by the Secretary that continuing assurances as provided in § 505.5(b) are inadequate or that labor standards contemplated by sections 5(i) (1) and (2) or sections 7(g) (1) and (2) of the Act have not been observed.
( b ) In order to facilitate such assurances so that the grantee may receive the grant funds promptly, the Chairpersons of the National Endowment for the Arts and the National Endowment for the Humanities will transmit with the grant letter, to each grantee of a grant that will provide assistance to projects or productions employing professional performers or related or supporting professional personnel under section 5 or section 7 of the Act, a copy of these regulations together with two copies of the assurance form (Form No. ESA-38). The Chairperson will advise the grantee that before the grant may be received, the grantee must give assurances that all professional performers and related or supporting professional personnel (other than laborers or mechanics with respect to whom labor standards are prescribed in section 5(j) and section 7(j) of the Act), will be paid, without subsequent deduction or rebate on any account not less than the minimum compensation determined in accordance with § 505.3 (a) or (b) and that the safety and health requirements under § 505.6 will be met. The Chairpersons will maintain on file in Washington, DC, for a period of three (3) years and make available upon request of the Secretary the original signed Form ESA-38 and a copy of the grant letter together with any supplementary documents needed to give a description of the project or production to be financed in whole or in part under the grant.
#### § 519.18 Amendment or replacement of a full-time student certificate.

In the absence of an objection by the employer (which may be resolved in the manner provided in part 528 of this chapter) the authorized officer upon his/her own motion may amend the provisions of a certificate when it is necessary by reason of the amendment of these regulations, or may withdraw a certificate and issue a replacement certificate when necessary to correct omissions or apparent defects in the original certificates.
§ 4047.5 Repayment of PBGC payments of guaranteed benefits. ( a ) *General.* Upon restoration of a plan pursuant to ERISA section 4047, amounts paid by the PBGC from its single-employer insurance fund (the fund established pursuant to ERISA section 4005(a)) to pay guaranteed benefits and related expenses under the plan while it was terminated are a debt of the restored plan. The terms and conditions for payment of this debt shall be determined by the PBGC.
( b ) *Repayment terms.* The PBGC shall prescribe reasonable terms and conditions for payment of the debt described in paragraph (a) of this section, including the number, amount and commencement date of the payments. In establishing the terms, PBGC will consider the cash needs of the plan, the timing and amount of contributions owed to the plan, the liquidity of plan assets, the interests of the single-employer insurance program, and any other factors PBGC deems relevant. PBGC may, in its discretion, revise any of the payment terms and conditions, upon written notice to the plan administrator in accordance with paragraph (c) of this section.
( c ) *Notification to plan administrator.* Whenever the PBGC issues or has issued a plan restoration order, it shall send a written notice to the plan administrator of the restored plan advising the plan administrator of the amount owed the PBGC pursuant to paragraph (a) of this section. The notice shall also include the terms and conditions for payment of this debt, as established under paragraph (b) of this section.
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COMMUNICATION FROM THE COMMISSION

Renewal of the Advisory Committee on Fisheries and Aquaculture

(2004/C 277/05)

The Advisory Committee on Fisheries and Aquaculture was renewed by Decision 1999/478/EC of 14 July 1999 (1).

Under Article 52(3) of the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the membership of the Advisory Committee on Fisheries and Aquaculture, is to be completely renewed upon accession.

The Commission has therefore decided to renew the membership of the Advisory Committee on Fisheries and Aquaculture for the period from 1 May 2004 to 30 April 2007 as follows:

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(1)OJ L 187, 20.7.1999, p. 70.

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§ 4043.3 Requirement of notice. ( a ) *Obligation to file* — ( 1 ) *In general.* Each person that is required to file a notice under this part, or a duly authorized representative, must submit the information required under this part by the time specified in § 4043.20 (for post-event notices), § 4043.61 (for advance notices), or § 4043.81 (for Form 200 filings). Any information filed with PBGC in connection with another matter may be incorporated by reference. If an event is subject to both post-event and advance notice requirements, the notice filed first satisfies both filing requirements.
( 2 ) *Multiple plans.* If a reportable event occurs for more than one plan, the filing obligation with respect to each plan is independent of the filing obligation with respect to any other plan.
( 3 ) *Optional consolidated filing.* A filing of a notice with respect to a reportable event by any person required to file will be deemed to be a filing by all persons required to give PBGC notice of the event under this part. If notices are required for two or more events, the notices may be combined in one filing.
( b ) *Contents of reportable event notice.* A person required to file a reportable event notice under subpart B or C of this part must file, by the notice date, the form specified by PBGC for that purpose, with the information specified in PBGC's reportable events instructions.
( c ) *Reportable event forms and instructions.* PBGC will issue reportable events forms and instructions and make them available on its website (*http://www.pbgc.gov*).
( d ) *Requests for additional information.* PBGC may, in any case, require the submission of additional relevant information not specified in its forms and instructions. Any such information must be submitted for subpart B of this part within 30 days, and for subpart C or D of this part within 7 days, after the date of a written request by PBGC, or within a different time period specified therein. PBGC may in its discretion shorten the time period where it determines that the interests of PBGC or participants may be prejudiced by a delay in receipt of the information.
( e ) *Effect of failure to file.* If a notice (or any other information required under this part) is not provided within the specified time limit, PBGC may pursue any equitable or legal remedies available to it under the law, including assessing against each person required to provide the notice a separate penalty under section 4071 of ERISA.
[80 FR 55002, Sept. 11, 2015, as amended at 85 FR 6061, Feb. 4, 2020]
#### Haire v. The City of Kansas, *Appellant.*

Municipal Corporation: defective sidewalk : damages : pleading. In an action against a city for personal injuries caused by failure to keep a sidewalk in repair, it is not essential that the petition should allege that the city owned the sidewalk; or authorized its construction or had adopted it as its own. Other allegations made in this case showing the duty of the city to keep the sidewalk in repair; *Held,*sufficient.

*Appeal from, Jackson Circuit*Court.—Hon. S. H. Woodson, Judge.

Aeeirmed.

*D. S. Twitchell*for appellant.

*Wm. S. Carroll*for respondent.

Hough, C. J.

The plaintiff recovered $500 for injuries received by her in consequence of a defect in a sidewalk on the south side of twelfth street in the City of Kansas, over which she was passing on the 28th day of April, 1878. The petition alleges, in substance, that Twelfth street was, at the time stated, one of the most public thoroughfares *439of the city, that the defendant had exclusive control of the same, that it was its duty to keep the same in repair, and that it was necessary for the convenience and safety of the public that the same should be kept in repair, and the city authorities negligently permitted the sidewalk by which plaintiff was injured to be and remain in an unsafe and dangerous condition for a long period of time prior to plaintiff’s injury, well knowing that the same was unsafe and dangerous, by reason of the planks thereon being loose and unfastened, and that the plaintiff was injured while walking thereon, in the exercise of due care and without any fault or negligence on her part.

It is unnecessary to examine the phraseology of the petition critically and in detail. The petition is certainly good after verdict. It was unnecessary to allege, as the defendant contends, that the city authorized the construction of the sidewalk in question, or that it had adopted it as its own, or that it owned said sidewalk. *Oliver v. The City of Kansas,*69 Mo. 79.

As there was ample testimony from which the jury might fairly infer that the city had been guilty of negligence in failing to repair the sidewalk by which plaintiff was injured, and as the instructions fairly presented the law applicable to the facts in evidence, we affirm the judgment.

The other judges concur.
§ 778.418 Pieceworkers. ( a ) Under section 7(g)(1), an employee who is paid on the basis of a piece rate for the work performed during nonovertime hours may agree with his employer in advance of the performance of the work that he shall be paid at a rate not less than one and one-half times this piece rate for each piece produced during the overtime hours. No additional overtime pay will be due under the Act provided that the general conditions discussed in § 778.417 are met and: ( 1 ) The piece rate is a bona fide rate;
( 2 ) The overtime hours for which the overtime rate is paid qualify as overtime hours under section 7(e) (5), (6), or (7);
( 3 ) The number of overtime hours for which such overtime piece rate is paid equals or exceeds the number of hours worked in excess of the applicable maximum hours standard for the particular workweek; and
( 4 ) The compensation paid for the overtime hours is at least equal to pay at one and one-half times the applicable minimum rate for the total number of hours worked in excess of the applicable maximum hours standard.
( b ) The piece rate will be regarded as bona fide if it is the rate actually paid for work performed during the nonovertime hours and if it is sufficient to yield at least the minimum wage per hour.
( c ) If a pieceworker works at two or more kinds of work for which different straight time piece rates have been established, and if by agreement he is paid at a rate not less than one and one-half whichever straight time piece rate is applicable to the work performed during the overtime hours, such piece rate or rates must meet all the tests set forth in this section and the general tests set forth in § 778.417 in order to satisfy the overtime requirements of the Act under section 7(g) (2).
Exhibit 32




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 Report of LCNB Corp. (the "Company") on Form 10-Q for the period ending March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, Stephen P. Wilson, Chief Executive Officer and Chairman of the Board of Directors, and Robert C. Haines, II, Executive Vice President and Chief Financial Officer, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to the best of our 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.




/s/ Stephen P. Wilson

/s/ Robert C. Haines, IIStephen P. Wilson

Chief Executive Officer and

Chairman of the Board of Directors

Robert C. Haines, II

Executive Vice President and Chief Financial Officer




Date:  May 2, 2011




-48-
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I Informacija

Komisija

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Menjalni tečaji evra (1)

15. oktobra 2004

(2004/C 256/01)

1 euro= 

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(1)

Vir: referenčni menjalni tečaj, ki ga objavlja ECB.

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Predhodna priglasitev koncentracije

(Št. primera COMP/M.3464 – Kesko/ICA/JV)

(2004/C 256/02)

(Besedilo velja za EGP)

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(1)UL L 24, 29.1.2004, str. 1.

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Predhodna priglasitev koncentracije

(Št. primera COMP/M.3590 – Fiat/Magneti Marelli)

(2004/C 256/03)

(Besedilo velja za EGP)

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(1)UL L 24, 29.1.2004, str. 1.

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MNENJE KOMISIJE

z dne 22. junija 2004

o načrtu za odlaganje radioaktivnih snovi na podlagi spremembe dovoljenj za izpuščanje tekočih radioaktivnih snovi iz jedrske elektrarne Cattenom v Franciji v skladu s členom 37 Pogodbe Euratom

(2004/C 256/04)

(francosko besedilo je edino verodostojno)

Dne 6. januarja 2004 je Evropska komisija v skladu s členom 37 Pogodbe Euratom od francoske vlade prejela splošne podatke v zvezi z načrtom za odlaganje radioaktivnih snovi na podlagi spremembe dovoljenj za izpuščanje tekočih radioaktivnih snovi iz jedrske elektrarne Cattenom.

Na podlagi teh podatkov in dopisa z dne 5. aprila 2004, ki ga je stalno predstavništvo Francije naslovilo na Evropsko komisijo, ter na podlagi posvetovanj s skupino strokovnjakov, je Komisija oblikovala naslednje mnenje:

Komisija zato meni, da izvajanje načrta za odlaganje radioaktivnih snovi v kateri koli obliki na podlagi spremembe dovoljenj za izpuščanje tekočih radioaktivnih snovi iz jedrske elektrarne Cattenom v Franciji med običajnim obratovanjem in v primeru nesreče, ki bi bila take vrste in razsežnosti, kakor je obravnavano v splošnih podatkih, ne bo povzročilo radioaktivnega onesnaženja vode, zemlje ali ozračja druge države članice, ki bi bilo pomembno z zdravstvenega vidika.

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Sklep Komisije o imenovanju članov Evropskega svetovalnega odbora za raziskave

(2004/C 256/05)

Komisija Evropskih skupnosti je 3. junija 2004 imenovala 45 članov Svetovalnega odbora za raziskave. Njihovo imenovanje je bilo izvedeno v skladu z merili, določenimi v Odločbi 2001/531/ES, Euratom Komisije z dne 27. junija 2001 o ustanovitvi Evropskega svetovalnega odbora za raziskave (UL L 192, 14.7.2001, str.21). Seznam članov je naveden spodaj:

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(1)   Ponovno imenovani člani

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Evropska centralna banka

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MNENJE EVROPSKE CENTRALNE BANKE

z dne 6. oktobra 2004

na zahtevo Sveta Evropske unije o priporočilu Komisije Evropskih skupnosti za sklep Sveta o začetku pogajanj glede sporazuma o monetarnih odnosih s Kneževino Andoro (KOM(2004) 548 končno)

(CON/2004/32)

(2004/C 256/06)

V Frankfurtu na Majni, 6. oktobra 2004

Predsednik ECB

Jean-Claude TRICHET

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(1)UL L 244, 16.7.2004, str. 47.

(2)UL C 88, 8.4.2004, str. 18.

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#### § 458.26 Purposes for which a trusteeship may be established.

Trusteeships shall be established and administered by a labor organization over a subordinate body only in accordance with the constitution and bylaws of the organization which has assumed trusteeship over the subordinate body and for the purpose of (a) correcting corruption or financial malpractice, (b) assuring the performance of negotiated agreements or other duties of a representative of employees, (c) restoring democratic procedures, or (d) otherwise carrying out the legitimate objects of such labor organization.
#### § 525.14 Posting of notices.

Every employer having workers who are employed under special minimum wage certificates shall at all times display and make available to employees a poster as prescribed and supplied by the Administrator. The Administrator will make available, upon request, posters in other formats such as Braille or recorded tapes. Such a poster will explain, in general terms, the conditions under which special minimum wages may be paid and shall be posted in a conspicuous place on the employer's premises where it may be readily observed by the workers with disabilities, the parents and guardians of such workers, and other workers. Where an employer finds it inappropriate to post such a notice, this requirement may be satisfied by providing the poster directly to all employees subject to its terms.
#### § 531.29 Board, lodging, or other facilities.

Section 3(m) applies to both of the following situations: (a) Where board, lodging, or other facilities are furnished in addition to a stipulated wage; and (b) where charges for board, lodging, or other facilities are deducted from a stipulated wage. The use of the word “furnishing” and the legislative history of section 3(m) clearly indicate that this section was intended to apply to all facilities furnished by the employer as compensation to the employee, regardless of whether the employer calculates charges for such facilities as additions to or deductions from wages.
§ 570.11 Continued acceptability of certificates of age. ( a ) Whenever a person duly authorized to make investigations under this Act shall obtain substantial evidence that the age of the minor as given on a certificate held by an employer subject to this Act is incorrect, he shall inform the employer and the minor of such evidence and of his intention to request through the appropriate channels that action be taken to establish the correct age of the minor and to determine the continued acceptability of the certificate as proof of age under the Act. The said authorized person shall request in writing through the appropriate channels that action be taken on the acceptability of the certificate as proof of age under the Fair Labor Standards Act and shall state the evidence of age of the minor which he has obtained and the reasons for such request. A copy of this request shall be sent to the Administrator of the Wage and Hour Division for further handling through the State agency responsible for the issuance of certificates, except that in those States where Federal certificates of age are issued, action necessary to establish the correct age of the minor and to revoke the certificate if it is found that the minor is under age shall be taken by the Administrator of the Wage and Hour Division or his designated representative.
( b ) The Administrator shall have final authority in those States in which State certificates are accepted as proof of age under the Act for determining the continued acceptability of the certificate, and shall have final authority for such determination in those States in which Federal certificates of age are issued. When such determination has been made in any case, notice thereof shall be given to the employer and the minor. In those cases involving the continued acceptability of State certificates, the appropriate State agency and the official who issued the certificate shall also be notified.