alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Pence’s Heirs *vs*Duvall’s Heirs, &c.

Error to the Shelby Circuit.

*Covenants. Warrants. Pleadings. Damages.*

, 'Covenant. *Case'*17.

*December*28.

Where a -covenant of warranty, which descends with land is bro-ten after the landhasdescend■ed to heirs, the -rigjit of action is in them.

Where a covenant is to warrant against the claim of a particular person or

Judge Bkeck

delivered the opinion of the Court.

The objection to the declai'ation that the right of action was in the -administrator, and not the heirs of Coonrod Pence, is invalid. The-covenants of warranty in the deeds from Duvall to Pence, passed with the land, and as the alleged eviction was after the land had descended to. Pence’s heirs, they were entitled to maintain the action, and not the administrator.

Nor is the declaration deemed defective because it contains no averment that the eviction was under an adverse paramount title, to that of the grantor, Thompson Duvall, The warranty was against the claim of *49the said Duvall and his wife, and their heirs, and also against the claims of all persons whatsoever. The eviction is alleged to have been by the heirs of the wife, upon title descended to them from her. And as there is an express covenant of warranty against her and her heirs, it was not necessary to aver that the eviction was under a paramount title: *Patton*vs *Kennedy,*(1 *Marshall,*389.)

his tille, il is sufficient to aver an eviction by such tille without aveiring that itwas paramount *Patton*vs *Kennedy,*(1 *Marshall,*389.)

A plea to an action of covenant on a deed for breach of warranty, averring that the consideration recited in the deed to have been paid, is not paid, is not a good plea.

The criterion of damages in an action for breach of waivanty, is the consideration agreed to be paid by the vendee.

*McHenry, Throop fy Johnston*for plaintiffs; *Cates*for defendants.

The other objections to the declaration being also deemed untenable, it results that the Court below erred in sustaining the demurrer.

The defendant’s third plea is manifestly bad, and the demurrer to it should have been sustained. •

• We are also of opinion that the defendant’s fifth plea is insufficient. It alleges that the consideration recited in the deed, as paid for the land, had not been paid, or any part thereof. It seems to us *that*fact cannot be rendered available at law, as a bar to the plaintiff’s action.

The criterion of damages in a case of this kind, is the value of the land at the time of the sale and interest, and the best evidence of that value, is held to be the price given, or the purchase money, not the amount actually paid at the time, but the amount secured or stipulated to be paid. We do not perceive any principle upon which the failure of the grantee to pay the stipulated price, can absolve the grantor from his covenant. The demurrer should, therefore, have been sustained.

Wherefore, the judgment is reversed and the cause remanded, with directions to overrule the defendant’s demurrer to the declaration, and to sustain the plaintiff’s demurrers to the defendant’s third and fifth pleas, and for further proceedings.
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
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Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
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Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
Crop Production Agricultural Statistics Board
#### § 52.27 Withdrawal of application.

The Chair may, at his or her discretion, permit the applicant to withdraw his or her application at any time before final action is taken under § 52.64. Any further consideration by the Board of the issues raised in the withdrawn application shall occur only upon the filing of a new application.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S QUARTERLY UNAUDITED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER>1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                          42,101
<INT-BEARING-DEPOSITS>                             200
<FED-FUNDS-SOLD>                                55,050
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    275,931
<INVESTMENTS-CARRYING>                           2,755
<INVESTMENTS-MARKET>                             2,861
<LOANS>                                        497,361
<ALLOWANCE>                                      9,719
<TOTAL-ASSETS>                                 901,302
<DEPOSITS>                                     566,715
<SHORT-TERM>                                     7,605
<LIABILITIES-OTHER>                             95,310
<LONG-TERM>                                     44,722
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                     186,949
<TOTAL-LIABILITIES-AND-EQUITY>                 901,302
<INTEREST-LOAN>                                 19,162
<INTEREST-INVEST>                                4,631
<INTEREST-OTHER>                                   670
<INTEREST-TOTAL>                                24,463
<INTEREST-DEPOSIT>                              10,817
<INTEREST-EXPENSE>                              12,308
<INTEREST-INCOME-NET>                           12,155
<LOAN-LOSSES>                                    1,624
<SECURITIES-GAINS>                                   9
<EXPENSE-OTHER>                                 15,260
<INCOME-PRETAX>                                (3,260)
<INCOME-PRE-EXTRAORDINARY>                     (3,260)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,646)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    7.09
<LOANS-NON>                                      7,722
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                   916
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 8,260
<CHARGE-OFFS>                                      348
<RECOVERIES>                                       183
<ALLOWANCE-CLOSE>                                9,719
<ALLOWANCE-DOMESTIC>                             9,719
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          2,588
        

</TABLE>
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Eddie Anthony Patterson, Appellant

No. 06-15-00046-CV v.

T.V. Channel 25 Broadcast Station and Its 

Reporter on March 29, 2010; 1909 S New 

Road, Waco, Texas 76711, Appellees

Appeal from the 170th District Court of 

McLennan County, Texas (Tr. Ct. No. 2015-

905-4). Opinion delivered by Justice 

Burgess, Chief Justice Morriss and Justice 

Moseley participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Eddie Anthony Patterson, has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED APRIL 27, 2016

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
#### § 3.35-10 Sector Miami Marine Inspection Zone and Captain of the Port Zone.

Sector Miami's office is located in Miami, FL. The boundaries of Sector Miami's Marine Inspection Zone and Captain of the Port Zone start at the outermost extent of the EEZ at latitude 28°00′00′′ N, longitude 79°23′34′′ W, proceeding west to latitude 28°00′00′′ N, longitude 81°30′00′′ W; thence south to the northern boundary of Collier County, FL, at longitude 81°30′00′′ W; thence following along the boundaries of Collier County east along the northern boundary to the eastern boundary and then south along the eastern boundary to the southern boundary of Collier County; thence south along the western boundary of Miami-Dade County to the sea at latitude 25°10′36′′ N, longitude 80°51′29′′ W; thence east along the southern boundary of Miami-Dade County to latitude 25°24′52′′ N, longitude 80°19′39′′ W; thence southeast to the outermost extent of the EEZ at latitude 25°11′34′′ N, longitude 79°41′31′′ W; thence north along the outermost extent of the EEZ to the point of origin.

[USCG-2006-25556, 72 FR 36321, July 2, 2007]
§ 174.15 Validation stickers. ( a ) If a State issues validation stickers, its numbering system must contain the requirements that stickers must be displayed within 6 inches of the number and the stickers must meet the requirements in paragraphs (b) and (c) of this section.
( b ) Validation stickers must be approximately 3 inches square.
( c ) The year in which each validation sticker expires must be indicated by the colors, blue, international orange, green, and red, in rotation beginning with blue for stickers that expire in 1973.
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.487 Pierre Pass.

The draw of the S70 bridge, mile 1.0 at Pierre Part, shall open on signal; except that, from 10 p.m. to 6 a.m., the draw shall open on signal if at least four hours notice is given. During the advance notice period, the draw shall open on less than four hours notice for an emergency and shall open on demand should a temporary surge in waterway traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985. Redesignated by USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]
Exhibit 32.2

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


The undersigned officer of Acme United Corporation (the "Company") hereby
certifies to my knowledge that the Company's quarterly report on Form 10-Q for
the quarterly period ended March 31, 2006 (the "Report"), as filed with the
Securities and Exchange Commission on the date hereof, fully complies with the
requirements of section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended, and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company. This certification is provided solely
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and shall not be deemed a part of the Report or
"filed" for any purpose whatsoever.


By          /s/ PAUL G. DRISCOLL
         ------------------------------
                Paul G. Driscoll
               Vice President and
             Chief Financial Officer

Dated:  May 10, 2006



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 Acme United Corporation and will
be retained by Acme United Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
§ 401.87 Detention for toll arrears or violations. ( a ) An officer may detain a vessel where: ( 1 ) The tolls or charges levied against the vessel have not been paid; or
( 2 ) A violation of these Regulations has taken place in respect of the vessel.
( b ) A vessel detained pursuant to paragraph (a)(1) of this section shall be released when the unpaid tolls or charges are paid.
( c ) A vessel detained pursuant to paragraph (a)(2) of this section may be released when a sum of money in an amount, determined by the Corporation to be the maximum fine or civil penalty that may be imposed for the violation in respect of which the vessel has been detained, is deposited with the Corporation as security for the payment of any fine or civil penalty that may be imposed.
( d ) Where a sum of money has been deposited pursuant to paragraph (c) of this section, the Corporation may: ( 1 ) Return the deposit;
( 2 ) Hold the deposit in trust as security for the payment of any fine that may be imposed; or
( 3 ) Retain the deposit if the depositor agrees to retention by the Corporation of the sum deposited.
( e ) Although the depositor may have agreed to retention by the Authority of an amount deposited under paragraph (c) of this section, he may bring an action for the recovery of the amount deposited on the ground that there has been no violation of the regulations in this part.
[39 FR 10900, Mar. 22, 1974, as amended at 65 FR 52915, Aug. 31, 2000]
#### § 169.130 When are ships required to make reports?

Participating ships must report to the shore-based authority upon entering the area covered by a reporting system. Additional reports are not necessary for movements made within a system or for ships exiting a system.
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# Hazardous Materials:  EPA�s Assessment of Sites That May Have Received Asbestos-Contaminated Ore from Libby, Montana  (GAO-09-7SP, March 2009), an E-supplement to GAO-09-6R
135 San Lorenzo Avenue, Suite 770, Miami, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-22671-ALTONAGA/TORRES

DELIO BATISTA,

MARIANA LOPEZ,

CARLOS LOPEZ, AND 

RAFAELA VALIENTE,

Plaintiffs,

vs.

AVANT ASSURANCE INC., 

REINIER CORTES, AND 

ANDREA GONZALEZ 

QUINTERO,

Defendants.

______________________________/

PLAINTIFF’S AMENDED SECOND MOTION 

FOR EXTENSION OF DISCOVERY DEADLINE NUNC PRO TUNC

Plaintiffs, Delio Batista, Mariana Lopez, Carlos Lopez, and Rafaela Valiente (“Plaintiffs”), 

by and through their undersigned counsel, request a forty-five (45) day extension of time to conduct 

discovery, and state as follows:

1. On February 8, 2023, this Honorable Court issued an Order extending the discovery 

deadline to May 8, 2023. [ECF No. 48].

2. The previous extension was given to accommodate the schedules of the parties to take 

depositions. 

3. Depositions have been taking place, however, there is currently a discovery hearing 

scheduled on May 18, 2023 to address the scope of allowable inquiry. [ECF Nos. 56, 

57].

Case 1:22-cv-22671-CMA Document 62 Entered on FLSD Docket 05/16/2023 Page 1 of 2
135 San Lorenzo Avenue, Suite 770, Miami, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

2

4. The deposition at issue in the discovery hearing was conducted on April 12, 2023, and 

undersigned counsel had to wait to receive the transcript in support of the motion for 

the hearing. 

5. Plaintiffs need additional time past the current discovery deadline to depose 

Defendants’ witnesses after receiving a ruling from this Court on May 18, 2023. 

6. Plaintiffs request the discovery deadline be moved from May 8, 2023 to June 22, 2023. 

7. This Motion is being made in good faith and not for purposes of delay, and neither 

party will be prejudiced by the Court’s granting the extensions sought.

8. A proposed order granting this motion is attached as Exhibit A.

CERTIFICATE OF CONFERRAL

Pursuant to S.D. Fla. L.R. 7.1, I hereby certify that undersigned counsel’s office conferred 

with defense counsel’s office via email on May 11, 2023, and May 16, 2023 regarding the relief 

requested in this Motion. Defense counsel has no objections to the motion.

/s/Toussaint Cummings, Esq.

Toussaint Cummings, Esq. (119877)

Respectfully submitted on May 16, 2013

s/Toussaint Cummings, Esq.

Toussaint M. Cummings, Esq.

Fla. Bar No. 119877

toussaint@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Case 1:22-cv-22671-CMA Document 62 Entered on FLSD Docket 05/16/2023 Page 2 of 2
§ 267.3 Responsibility. ( a ) *Chief Postal Inspector and Chief Privacy Officer.* The Chief Postal Inspector and the Chief Privacy Officer will ensure within their respective areas of jurisdiction: ( 1 ) Postal Service-wide compliance with this policy and related standards and procedures; and
( 2 ) Implementation of remedial action when violations or attempted violations of these standards and procedures occur.
( b ) *Custodians.* All custodians are responsible for insuring that information security standards and procedures are followed and that all relevant employees participate in the information security awareness programs.
[40 FR 45726, Oct. 2, 1975, as amended at 60 FR 57345, Nov. 15, 1995; 68 FR 56560, Oct. 1, 2003]
§ 334.670 Gulf of Mexico south and west of Apalachicola, San Blas, and St. Joseph bays; air-to-air firing practice range, Tyndall Air Force Base, Fla. ( a ) *The danger zone.* Beginning at latitude 29°40′00′′, longitude 85°21′30′′, in the vicinity of Cape San Blas; thence southeasterly to latitude 29°23′00′′, longitude 84°39′00′′; thence southwesterly to latitude 28°39′00′′, longitude 84°49′00′′; thence northwesterly to latitude 29°43′00′′, longitude 85°53′00′′; thence northeasterly to latitude 29°56′30′′, longitude 85°38′30′′; and thence southeasterly to the point of beginning.
( b ) *The regulations.* ( 1 ) Air-to-air firing practice will ordinarily take place in the area during the hours of daylight, seven days per week. During periods of firing, passage through the area will not be denied to cargo-carrying or passenger-carrying vessels or tows proceeding on established routes. In case any such vessel is within the danger area, the officer in charge of firing practice operations will cause the cessation or postponement of fire until the vessel has cleared that part of the area within range of the weapons being used. The vessel shall proceed on its normal course and not delay its progress.
( 2 ) All persons and vessels will be warned to leave the danger area during firing practice by surface patrol boat and/or patrol aircraft. When aircraft is used to patrol the area, low flight of the aircraft overhead and/or across the bow will be used as a signal or warning. Upon being so warned all persons and vessels shall clear the area immediately.
( 3 ) The area will be open to all vessels whenever firing practice is not being conducted.
( 4 ) The regulations in this section shall be enforced by the Commanding Officer, Tyndall Air Force Base, Florida, and such agencies as he may designate.
[16 FR 7460, July 31, 1951, as amended at 22 FR 3755, May 29, 1957. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17555, Apr. 10, 1997; 62 FR 24034, May 2, 1997]
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
This schedule contains summary information extracted from ACCEL International
Corporation's Quarterly Report on Form 10-Q for the quarter ended June 30, 2000
and is qualified in its entirely by reference to such Form 10-Q.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<DEBT-HELD-FOR-SALE>                            12,241
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                  13,289
<CASH>                                               0
<RECOVER-REINSURE>                              34,591
<DEFERRED-ACQUISITION>                               0
<TOTAL-ASSETS>                                  59,290
<POLICY-LOSSES>                                 44,816
<UNEARNED-PREMIUMS>                              2,324
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                  5,512
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        34,538
<OTHER-SE>                                    (31,820)
<TOTAL-LIABILITY-AND-EQUITY>                    59,290
<PREMIUMS>                                       1,054
<INVESTMENT-INCOME>                                592
<INVESTMENT-GAINS>                               (307)
<OTHER-INCOME>                                   6,180
<BENEFITS>                                       1,009
<UNDERWRITING-AMORTIZATION>                        280
<UNDERWRITING-OTHER>                             9,708
<INCOME-PRETAX>                                (3,478)
<INCOME-TAX>                                     (172)
<INCOME-CONTINUING>                            (3,306)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,306)
<EPS-BASIC>                                     (0.37)
<EPS-DILUTED>                                   (0.37)
<RESERVE-OPEN>                                  59,421
<PROVISION-CURRENT>                                928
<PROVISION-PRIOR>                               14,100
<PAYMENTS-CURRENT>                                 305
<PAYMENTS-PRIOR>                                 5,281
<RESERVE-CLOSE>                                 44,475
<CUMULATIVE-DEFICIENCY>                             45


</TABLE>