alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Merrimack

No. 6599

#### Katherine Piper v. Robert Fickett, d.b.a. Ficketts Jewelers

November 30, 1973

*Upton, Sanders & Upton*and *Ernest T. Smith III (Mr. Smith*orally) for the plaintiff.

*Perkins Dowst*and *Arthur W. Perkins (Mr. Perkins*orally) for the defendant.

Grimes, J.

The only issue in this case is whether testimony about statements made by a deceased person as to the amount of insurance placed on a ring should have been excluded as hearsay.

The issue arose out of an action to recover the value of a ring which had been taken in 1968 to the defendant to be resized. Defendant sent the ring to a firm in Worcester, Massachusetts to have the work done. After it was returned to the defendant, it disappeared. The case was tried without a jury, resulting in a verdict for the plaintiff in the amount of $1150.00. The defendant’s exception to the admission of evidence was transferred by *Cann,*J.

There was evidence that the ring, alleged to be an emerald in a platinum setting with two baguette diamonds, had been the engagement ring of Charlotte O’Brien prior to her marriage in July 1942 to Barry O’Brien. Charlotte was the aunt of Barbara Piper Richards and it is claimed had a close relationship with her. Barry and Charlotte died in 1965 and 1969 respectively. Prior to Charlotte’s death, she gave the *632ring to her sister, the plaintiff. Barbara is plaintiff’s daughter.

Barbara was permitted to testify that on Charlotte’s wedding eve Charlotte told her that she had preferred an emerald instead of a diamond and that Barry had insured it for $1,000.00. The plaintiff also was permitted to testify that her sister told her the ring was insured for $1,000.00.

The sole ground urged for the exclusion of the statements was that they were hearsay. It was argued at trial that the statements were admissible under RSA 516:25 but it is now agreed this statute by its terms applies only to actions by or against the representatives of deceased persons. However, the trial court in admitting the evidence impliedly found that Charlotte made the statements, that they were made in good faith and on her personal knowledge. This constituted a finding of apparent trustworthiness of the evidence offered. *Sullivan v. Dumaine,*106 N.H. 102, 106, 205 A.2d 848, 851 (1964). This finding, coupled with the requirement of necessity due to the death of the declarant, rendered the evidence offered admissible as an exception to the hearsay rule and it was properly admitted by the trial court. *Hutchins v. Berry,*75 N.H. 416, 75 A. 650 (1910); *Roberts v. Company,*78 N.H. 491, 102 A. 537 (1917); *LeBrun v. Railroad,*83 N.H. 293, 298, 142 A. 128 (1928); *Gagnon v. Pronovost,*97 N.H. 500, 92 A.2d 904 (1952); *Perry v. Parker,*101 N.H. 295, 141 A.2d 883 (1958); *O’Haire v. Breton,*102 N.H. 448, 159 A.2d 805 (1960).

*Exception overruled.*

Kenison, C.J., dissented; the others concurred.

Kenison, C.J.,

dissenting: I think that the statements as to the amount the ring was insured for were inadmissible as hearsay, remote in time and also unreliable. *Davenport v. Company,*92 N.H. 20, 25-26, 24 A.2d 274, 279 (1942); 1 E. Conrad, Modern Trial Evidence § 90 (1956).
Exhibit 32.1





Certification Pursuant to 18 U.S.C. Section 1350

(Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)





In connection with the Annual Report on Form 10-K/A of McMoRan Exploration Co. (the Company) for the year ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), Glenn A. Kleinert, as President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his 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.



Dated:  March
24, 2004





/s/ Glenn A. Kleinert

Glenn A. Kleinert

President and Chief Executive Officer





A signed original 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.



This certification shall not be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 343 Agreed to Senate (ATS)]

110th CONGRESS
  1st Session
S. RES. 343

     Designating October 19, 2007, as ``National Mammography Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 2, 2007

   Mr. Biden (for himself, Mr. Leahy, Ms. Cantwell, Mrs. Murray, Mr. 
 Nelson of Nebraska, Ms. Mikulski, Mr. Durbin, Mr. Sanders, Mr. Casey, 
  Mr. Lautenberg, Mr. Bayh, Mrs. Boxer, Mr. Grassley, Mr. Inhofe, Mr. 
   Johnson, Mr. Coleman, and Mr. Voinovich) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
     Designating October 19, 2007, as ``National Mammography Day''.

Whereas, according to the American Cancer Society, in 2007, 178,480 women will 
        be diagnosed with invasive breast cancer and 40,460 women will die from 
        that disease;
Whereas it is estimated that about 2,000,000 women were diagnosed with breast 
        cancer in the 1990s, and that in nearly 500,000 of those cases the 
        cancer resulted in death;
Whereas approximately 3,000,000 women in the United States are living with 
        breast cancer, about 2,300,000 have been diagnosed with the disease, and 
        an estimated 1,000,000 do not yet know they have the disease;
Whereas African-American women suffer a 36 percent greater mortality rate from 
        breast cancer than White women and more than a 100 percent greater 
        mortality rate from breast cancer than women from Hispanic, Asian, and 
        American Indian populations;
Whereas the risk of breast cancer increases with age, with a woman at age 70 
        having twice as much of a chance of developing the disease as a woman at 
        age 50;
Whereas at least 90 percent of the women who get breast cancer have no family 
        history of the disease;
Whereas mammograms, when operated professionally at a certified facility, can 
        provide safe screening and early detection of breast cancer in many 
        women;
Whereas mammography is an excellent method for early detection of localized 
        breast cancer, which has a 5-year survival rate of 98 percent;
Whereas the National Cancer Institute and the American Cancer Society continue 
        to recommend periodic mammograms; and
Whereas the National Breast Cancer Coalition recommends that each woman and her 
        health care provider make an individual decision about mammography: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) designates October 19, 2007, as ``National Mammography 
        Day''; and
            (2) encourages the people of the United States to observe 
        the day with appropriate programs and activities.
                                 <all>
```
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 Big Sky Energy Corporation (the Company) on Form 10-QSB for the period ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Selami Ahmet Sehsuvaroglu, Chief Executive Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

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



(2)

The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Date:  August 26, 2005

By: /s/ Selami Ahmet Sehsuvaroglu

Name:  Selami Ahmet Sehsuvaroglu

Title:   Chief Executive Officer (Principal Executive Officer)
#### A. P. LINN COCHRAN v. LEVI M. STEWART and Another.1

November 6, 1896.

Nos. 10,066 — (81).

Ejectment — Jury—Waiver—Second Trial.

Where the parties in an action of ejectment waived a jury trial before the first trial, and the ease was tried by the court without a jury, *held,*such waiver did not waive a jury on a second trial obtained under the statute by paying the costs and demanding a second trial after the entry of judgment on the first trial.

Appeal by plaintiff from a judgment of the district court for Hennepin county, adjudging that the action be dismissed, entered in pursuance of the order of Smith, J.

Reversed.

*Gilfillcm, Willard <& Willa/rd,*for appellant.

*Young &*Idghtner, for respondents.

1

 Reported in 68 N. W. 972.

MITCHELL, J.

This is an action of ejectment. Prior to the first trial the case was on the calendar, and on the first day of the term the parties waived a jury trial. The case was tried by the court, resulting in a decision for plaintiff. On appeal a new trial was granted. The case was again tried by the court, resulting in a decision for defendants. After affirmance on a second appeal from an order denying a new trial, judgment was entered for defendants, the costs were paid by plaintiff, and a second trial demanded under the statute (G. S. 1894, § 5845). The case was again noticed for trial, and on the first day of the term plaintiff demanded a jury trial, which was refused. The demand was repeated when the case was called for trial during the term, and again refused. Thereupon the plaintiff refused to proceed with the trial before the court without a jury, or to introduce any evidence, and the case was by order of the court dismissed. From the judgment of dismissal plaintiff appeals.

The only question presented for our consideration is whether waiving a jury trial before the first trial was a waiver of a jury trial on the last trial. In our opinion it was not. Conditions may be wholly different at the second trial from what they were at the first. There *153may be' a different judge, and the jury to be obtained may also be different in character. Then it is hardly fair to presume that by waiving a jury for one trial the parties intended to waive a jury for any further trial that may be had under the statute, and we cannot hold this to be the meaning of their agreement.

Judgment reversed and a new trial granted.
31.1     Certification of the Chief Financial Officer of Capital Solutions I,
         Inc. pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, Christopher Astrom, certify that:

1. I have reviewed this Form 10-KSB of Capital Solutions I, 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 officer(s) 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) 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

(c) 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





















<PAGE>
5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the 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:August 30, 2005


/s/ CHRISTOPHER ASTROM
------------------------
Christopher Astrom
Chief Financial Officer
[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20851]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Major Capital Investment Projects; Guidance on News Starts/Small 
Starts Policies and Procedures

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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

SUMMARY: This notice is intended to inform the public that no 
significant changes are proposed to the existing guidance on the New 
Starts and Small Starts programs. FTA is required by statute to publish 
policy guidance every two years on the New Starts and Small Starts 
programs. This notice serves to notify the public that FTA intends to 
continue use of existing guidance at this time.

DATES: Effective Date: This notification is effective August 16, 2011.

FOR FURTHER INFORMATION CONTACT: For questions on the New or Small 
Starts program, contact Elizabeth Day, Office of Planning and 
Environment, telephone (202) 366-5159; for questions of a legal nature, 
contact Christopher Van Wyk, Office of Chief Counsel, (202) 366-1733. 
Office hours are from 8:30 a.m. to 5 p.m., EST, Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: On August 10, 2005, President Bush signed 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU) (Pub. L. 110-244), which amends 49 U.S.C. 
5309. Section 5309(d)(6) of Title 49, U.S. Code, requires the Federal 
Transit Administration (FTA) to publish policy guidance on the New and 
Small Starts capital project review and evaluation process and criteria 
each time significant changes are made, but not less frequently than 
once every two years.
    FTA last published Guidance on New and Small Starts Policies and 
Procedures in September 2009. Thus, FTA is publishing today a notice 
that no significant changes are proposed to the New Starts and Small 
Starts review and evaluation process at this time. Information 
describing the current New and Small Starts review process can be found 
on FTA's Web site at http://www.fta.dot.gov/planning/planning_environment_5221.html.
    This notification should not be confused with the Advanced Notice 
of Proposed Rulemaking (ANPRM) published by FTA in June 2010, which 
sought public comment on the New Starts and Small Starts project 
justification criteria. Information gathered from that ANPRM is being 
used to inform FTA's broader effort to amend the regulations that 
govern the New Starts and Small Starts programs.

    Issued on: August 10, 2011.
Peter Rogoff,
Administrator, Federal Transit Administration.
[FR Doc. 2011-20851 Filed 8-15-11; 8:45 am]
BILLING CODE 4910-57-P
SECRETARY OF STATE 

Ce rtificate of Good Standing 

I, Mark Ritchi e , secretary of State of Minnesota , do 

certify that, The c o rporat i on l isted below is a corporation 

formed under the laws of Minnesota; that the corporation was 

f ormed by the fi l ing of Articles o f I ncorporation with the 

Offi ce o f t he Sec retar y o f State on the date listed below; that 

the corporation is governed by t he chapter of Minnesota Stat utes 

lis.ted below; and that this corporation is authorized to d o 

business as a corporation at the t ime this certificate i s 

issued .. 

Name : Sovereign Air Inc . 

Date Forme d: 03/ 1S /200 5 

Chapter Governed By: 302A 

This c e rtificat e has been i s s u ed on 04/07/ 10. 

~~h1Ue Secretary of State.
III 

110TH CONGRESS 

2D SESSION S. RES. 428 

Congratulating the University of Southern California women’s soccer team 

on winning the 2007 National Collegiate Athletic Association Division 

I Championship. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2008 

Mrs. FEINSTEIN (for herself and Mrs. BOXER) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Congratulating the University of Southern California women’s soccer team on winning the 2007 National Collegiate 

Athletic Association Division I Championship. 

Whereas the University of Southern California (USC) Trojans won the 2007 National Collegiate Athletic Association (NCAA) Women’s Soccer Championship by a 2–0 

victory over the Florida State University Seminoles on 

December 9, 2007, at the Aggie Soccer Complex in College Station, Texas; 

Whereas the USC Trojans, in the 2007 season, had a 20– 

3–2 overall record, with 13 goals allowed, 15 shutouts, 

and a perfect 6–0 mark in the NCAA Women’s Soccer 

Tournament, including 5 shutouts; 


jlentini on PROD1PC65 with BILLS
2 

•SRES 428 ATS 

Whereas the USC Trojans won a Division I women’s soccer 

title for the first time in school history in 2007; 

Whereas Marihelen Tomer and Janessa Currier each scored 

a goal in the championship game; 

Whereas Amy Rodriguez was named the tournament’s Most 

Outstanding Offensive Player, Kristin Olsen was named 

the tournament’s Most Outstanding Defensive Player, 

and Marihelen Tomer, Kasey Johnson, and Janessa 

Currier were named to the All-Tournament Team; 

Whereas Ashley Nick and Kristin Olsen earned All-American 

Honors for their exceptional contributions during the 

2007 season; and 

Whereas the 2007 USC women’s soccer team members are 

players Kristin Olsen, Brittany Massro, Nini Loucks, 

Alyssa Da ́vila, Laura McKee, Kat Stolpa, Lauren Brown, 

Shannon Lacy, Ashli Sandoval, Jamie Petrossi, Stacey 

Strong, Karter Haug, Amy Rodriguez, Kasey Johnson, 

Jacquelyn Johnston, Janessa Currier, Ashley Nick, 

Marihelen Tomer, Meagan Holmes, Megan Ohai, Kelley 

Finch, Briana Ovbude, Amy Massey, Kate Gong, and 

Monique Gaxiola, and coaches Ali Khosroshahin, Harold 

Warren, Laura Janke, Alicia Lloyd, and Rosa Anna 

Tantillo: Now, therefore, be it 

1 Resolved, That the Senate congratulates the Univer2 sity of Southern California women’s soccer team for win3 ning the 2007 National Collegiate Athletic Association Di4 vision I Championship. 

Æ 


jlentini on PROD1PC65 with BILLS
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 2 

FEB 2 B 10JJ 

Honorable John P. deJongh, Jr. 

Office of the Governor 

Government House, 

21-22 Kongens Gade 

Charlotte Amalie 

St. Thomas, VI 00802 

Dear Governor deJongh: 

290 BROADWAY 

NEW YORK, NY 10007·1866 

On June 3, 2010, the U.S. Enviromnental Protection Agency (EPA) revised the healthbased National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (S02) by establishing 

a new 1-hourstandard at a level of75 parts per billion (ppb). This new !-hour standard will 

protect public health by reducing people's exposure to high short-term (5-minutes to 24-hours) 

concentrations ofS02. An area meets the new standard when the 3-year average of the 99th 

percentile of 1-hour daily maximum concentrations does not exceed 75 ppb. 

Section 107(d)(l) of the Clean Air Act (CAA) describes the process EPA follows for 

designating areas as meeting or not meeting a new or revised NAAQS. Within one year of 

establishing a new or revised standard, each governor must recommend a designation of 

attainment, nonattairunent or unclassifiable, with appropriate boundaries, for areas within their 

jurisdiction. Therefore, we ask that your state provide designation recommendations, including 

appropriate area boundaries, for all areas by June 3, 2011, with respect to the 1-hour S02 

NAAQS. 

The enclosed memorandwn provides guidance to state and local air pollution control 

agencies and tribes on the timeline and process for designating areas under the revised so2 

standard. We plan to announce our intended designations no later than 120 days prior to 

promulgating final designations. Following the announcement of intended designations, states 

and tribes will have the opportunity to comment on any modifications EPA proposes to their 

recommendations. EPA intends to complete designations by no later than June 3, 2012. 

Establishing area designations is a key step in the process of providing the health 

protection intended by the CAA. Should you have questions regarding this matter, please do not 

hesitate to contact me or have your staff contact Raymond Werner, Chief Air Programs Branch, 

at 212-637-3706. 

Sincerely, 

Cl•'-f-1-J ~· C'~ dith A. Enck 

egional Administrator 

Internet Address (URL) • http://ww.v.epa.gov 

Rec:yciMIIR.cycbob .. ·Printed with Vegetabl& 01 Based Inks on Recycled Paper (M~mum 30'Y. Postconsumer) 
Enclosure 

cc: Alicia V. Barnes, Commissioner 

Virgin Islands Department of Planning & Natural Resources 

8100 Lindberg Bay, STE. #61 

Cyril E. King Airport, Tenninal Bldg., Second Floor 

St. Thomas, Virgin Islands 00802
#### § 500.73 Required purchase of goods or services solely from any person prohibited.

The Act prohibits a farm labor contractor, agricultural employer or agricultural association from requiring a migrant or seasonal agricultural worker to purchase goods or services solely from such farm labor contractor, agricultural employer, or agricultural association, or any other person acting as an agent for any person subject to this prohibition.