alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hattie Blazer v. John J. Rogner.

Filed June 21, 1895.

No. 5049.

1. Mechanics’ Liens: Sufficiency of Evidence to Show Contract. Where the testimony is uncontradicted, it is sufficient to show that the owner of the real property to he improved contracted with the claimants of a mechanic’s lien for the work subsequently done, through a person in the employ of such claimants.

2. Trial: Admission of Incompetent Evidence: Review. The admission of evidence which, though not competent, is immaterial affords no grounds for the reversal of a decree in equity.

Error from the district court of Douglas county. Tried below before Wake ley, J.

*John P.*Davis, for plaintiff in error.

*B. G. Burbank, contra.*

Ryan, C.

J. M. Stephens and Peter Rogner began this action for the foreclosure of a mechanic’s lien against real property owned by the plaintiff in error. Afterward John J. Rogner was substituted as plaintiff and, upon a trial had in the district court of Douglas county, a decree was rendered as prayed. Hattie Blazer now prosecutes these proceedings in error for the reversal of this judgment.

The errors assigned are argued in the order in which they shall now be considered. It is insisted that there is not a word of evidence showing a contract between J. M. Stephens and Peter Rogner on one side and Hattie Blazer on the other. There was no oral testimony in the case save that of John J. Rogner, under whose charge the work for which this lien is sought to be enforced was done. He described how he made the contract, its terms, and what he *589did under it. He testified he was working for J. M. Stephens and Peter Rogner. Under the circumstances this was sufficient. It is urged that there was incompetent testimony admitted as to the contents of a certain letter. At most, this was immaterial evidence, for it was simply to the effect that the witness John Rogner, after he had procured the claim for the mechanic’s lien to be recorded, sent it to Peter Rogner, who wrote witness a letter in which he said that it was all right. There was no objection made until after the answer objected to had been made. It was then too late to be availing. At any rate this was an equitable action, and the admission of merely immaterial, evidence affords no grounds for the reversal of the decree entered. The judgment was sustained by sufficient evidence and is

Affirmed.
#### § 5.95 Informal objections.

A person or entity desiring to object to or to oppose an Experimental Radio application for a station license or authorization may file an informal objection against that application. The informal objection and any responsive pleadings shall be submitted electronically consistent with the requirements set forth in § 5.55.
No. 11-213.

#### Ekokotu *v.*Federal Express Corp.

C. A. 11th Cir. Certiorari denied.
No. 11-5373.

#### Crim *v.*Adler, Warden.

C. A. 9th Cir. Cer-tiorari denied.

Justice Kagan took no part in the consideration or decision of this petition.
#### § 20.105 Seasons, limits and shooting hours for waterfowl, coots, and gallinules.

This section provides for the annual hunting of certain waterfowl (ducks, geese [including brant]), coots and gallinules in the 48 contiguous United States. The regulations are arranged by the Atlantic, Mississippi, Central and Pacific Flyways. These regulations often vary within Flyways or States, and by time periods. Those areas of the United States outside of State boundaries, *i.e.*, the United States' territorial waters seaward of county boundaries, and including coastal waters claimed by the separate States, if not already included under the zones contained in § 20.108, are designated for the purposes of § 20.21(j) as nontoxic shot zones for waterfowl hunting beginning in the 1991-92 season.

[53 FR 24290, June 28, 1988, as amended at 56 FR 22102, May 13, 1991]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
§ 73.787 Station identification. ( a ) A licensee of an international broadcast station shall make station identification announcement (call letters and location), at the beginning and ending of each time of operation and during the operation on the hour.
( b ) Station identification, program announcements, and oral continuity shall be made with international significance (language particularly) which is designed for the foreign country or countries for which the service is primarily intended.
[28 FR 13696, Dec. 14, 1963, as amended at 34 FR 19762, Dec. 17, 1969; 38 FR 18896, July 16, 1973]
1... See Tex. R. App. P. 47.4.

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-387-CR

EDDY FABRICIO CARDONA APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM COUNTY CRIMINAL COURT NO. 8 OF TARRANT COUNTY

----------

MEMORANDUM OPINION1 AND JUDGMENT

----------

We have considered appellant’s “Motion To Dismiss.” The motion

complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P.

42.2(a). No decision of this court having been delivered before we received

this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P.

42.2(a), 43.2(f).

PER CURIAM

PANEL: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: July 30, 2009
#### § 95.3103 Definitions, OBUs.

*Dedicated Short-range Communications Services (DSRCS).* A service providing for data transfer between various mobile and roadside transmitting units for the purposes of improving traffic flow, highway safety and performing other intelligent transportation functions. *See* § 90.7 of this chapter for a more detailed definition.

*On-Board Unit (OBU).* OBUs are low-power devices on vehicles that transfer data to roadside units in the Dedicated Short-Range Communications Service (*see* §§ 90.371-90.383 of this chapter), to improve traffic flow and safety, and for other intelligent transportation system purposes. *See* § 90.7 of this chapter.

*Roadside Unit (RSU). See* § 90.7 of this chapter.
§ 217.133 Prohibitions. ( a ) Except for the takings contemplated in § 217.132 and authorized by a LOA issued under § 216.106 of this chapter and § 217.136, it is unlawful for any person to do any of the following in connection with the activities described in § 217.130: ( 1 ) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under § 216.106 of this chapter and § 217.136;
( 2 ) Take any marine mammal not specified in such LOA;
( 3 ) Take any marine mammal specified in such LOA in any manner other than as specified;
( 4 ) Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or
( 5 ) Take a marine mammal specified in such LOA after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.
( b ) [Reserved]
#### § 80.517 Time limitation on communication.

All communication engaged in by private coast stations and marine utility stations must be limited to the minimum practicable transmission time. Each station licensee must employ standardized operating practices and procedures.
EXHIBIT
32.1: Rule 13a-14(b) 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 China Water Group, Inc.
(the “Registrant”) certifies that:




1.           The
Quarterly Report on Form 10-QSB of the Registrant for the period ended March 31,
2009 (the “Report”) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
and




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




Date:  March
      17, 2010
                /s/ Wenge FangWenge
      Fang, Chief Executive Officer
No. 11-5543.

#### Heras-Rubio *v.*United States.

C. A. 9th Cir. Certiorari denied.
I

103D CONGRESS

2D SESSION H. R. 5104

To amend title XIX of the Social Security Act to require each State plan

for medical assistance under such title to impose nondiscrimination requirements on hospitals and nursing facilities receiving funds under the

plan.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 26, 1994

Mrs. MEEK introduced the following bill; which was referred to the Committee

on Energy and Commerce

A BILL

To amend title XIX of the Social Security Act to require

each State plan for medical assistance under such title

to impose nondiscrimination requirements on hospitals

and nursing facilities receiving funds under the plan.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NONDISCRIMINATION REQUIREMENTS FOR

4 HOSPITALS AND NURSING FACILITIES RE5 CEIVING FUNDS UNDER STATE MEDICAID

6 PLANS.

7 (a) IN GENERAL.—Section 1902(a) of the Social Se8 curity Act (42 U.S.C. 1396a(a)) is amended—
2

•HR 5104 IH

1 (1) by striking ‘‘and’’ at the end of paragraph

2 (61);

3 (2) by striking the period at the end of para4 graph (62) and inserting ‘‘; and’’; and

5 (3) by inserting after paragraph (62) the fol6 lowing new subparagraph:

7 ‘‘(63) provide that each hospital and nursing

8 facility receiving funds under the plan shall not en9 gage in any conduct (either directly or through con10 tractual arrangements) which would have the effect

11 of discriminating against an individual on the basis

12 of race, national origin, religion, gender, sexual ori13 entation, language, age, citizenship, or anticipated

14 need for health services.’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall apply to quarters beginning on or

17 after January 1, 1995.

Æ
Exhibit 32





CERTIFICATION








By signing below, each of the undersigned officers hereby certifies pursuant to 18 U.S.C. § 1350, as adopted


pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his or her knowledge, (i) this report fully


complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the


information contained in this report fairly presents, in all material respects, the financial condition and results


of operations of Indiana Community Bancorp.





Signed this 11th day of March 2011.











/s/ Mark T. Gorski                                                                                /s/  John K. Keach, Jr.


(Signature of Authorized Officer)                                                     (Signature of Authorized Officer)





Mark T. Gorski                                                                                      John K. Keach, Jr.


(Typed Name)                                                                                       (Typed Name)





Chief Financial Officer                                                                         President and Chief Executive Officer


(Title)                                                                                                      (Title)





A signed original of this written statement required by Section 906 has been provided to and is being retained by INDIANA COMMUNITY BANCORP and will be forwarded to the Securities and Exchange Commission or its staff upon request.
§ 80.917 Reserve power supply. ( a ) Any small passenger vessel the keel of which was laid after March 1, 1957, must have a reserve power supply located on the same deck as the main wheel house or at least one deck above the vessel's main deck, unless the main power supply is so situated, if— ( 1 ) The vessel is of more than 100 gross tons; or
( 2 ) Beginning March 25, 2009: ( i ) The vessel carries more than 150 passengers or has overnight accommodations for more than 49 persons; or
( ii ) The vessel operates on the high seas or more than three miles from shore on Great Lakes voyages.
( b ) The reserve power supply must be independent of the ship's propulsion and of any other electrical system, and be sufficient to simulataneously energize the radiotelephone transmitter at its required output power, and the receiver. The reserve power supply must be available for use at all times.
( c ) When the reserve power supply consists of batteries, they must be installed as high above the bilge as practicable, secured against shifting with motion of the vessel, and accessible with not less than 26 cm (10 in.) head room.
( d ) The reserve power supply must be located as near the required transmitter and receiver as practicable.
( e ) All reserve power supply circuits must be protected from overloads.
( f ) Means must be provided for charging any storage batteries used as a reserve power supply for the required radiotelephone installation. There must be a device which will give continuous indication of the rate and polarity of the charging current during charging.
( g ) The cooling system of each internal combustion engine used as a part of the reserve power supply must be adequately treated to prevent freezing or overheating consistent with the season and route to be travelled by the particular vessel involved.
( h ) Beginning January 2, 2013, any small passenger vessel that does not carry a reserve power supply must carry at least one VHF handheld radiotelephone.
[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44954, Aug. 25, 1993; 73 FR 4488, Jan. 25, 2008; 76 FR 67616, Nov. 2, 2011]
§ 90.1209 Policies governing the use of the 4940-4990 MHz band. ( a ) Channels in this band are available on a shared basis only and will not be assigned for the exclusive use of any licensee.
( b ) All licensees shall cooperate in the selection and use of channels in order to reduce interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Further, the Commission may prohibit the use of any 4.9 GHz channel under a system license at a given geographical location when, in the judgment of the Commission, its use in that location is not in the public interest.
( c ) Licensees will make every practical effort to protect radio astronomy operations as specified in § 2.106, footnote US311 of this chapter.
( d ) Stations must be placed into operation within twelve (12) months from the date of grant in accordance with § 90.155. Licensees of temporary fixed stations must place at least one such station in operation within twelve months of license grant.
[68 FR 38639, June 30, 2003, as amended at 88 FR 12571, Feb. 28, 2023]
#### § 20.52 Species identification requirement.

No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.
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 Quarterly Report of Palomar Enterprises Inc., a Nevada
      corporation (the "Company"), on Form 10-QSB for the period ended June 30, 2006,
      as filed with the Securities and Exchange Commission on the date hereof (the
      "Report"), I, Steve Bonenberger, President, Chief Executive Officer and Director
      of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)
      The Report fully
      complies with the requirements of Section 13(a) 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 result of operations of the Company.











Dated:
      August 11,
      2006 /s/
      Steve
      Bonenberger




By:
      Steve
      Bonenberger, President, Chief Executive Officer
      and Director
§ 17.105 Permits and exceptions. ( a ) The Director may issue permits allowing the permittee to engage in any activity otherwise prohibited by this subpart. Such permits shall be issued in accordance with the provisions of § 17.22 of this part. Such permits shall be issued only for scientific purposes or for the enhancement of propagation or survival. All of the provisions of § 17.22 shall apply to the issuance of such permits, including those provisions which incorporate other sections by reference. Compliance with this paragraph does not by itself constitute compliance with any applicable requirements of part 18.
( b ) Any authorized officer may engage in any activity otherwise prohibited by this subpart if: ( 1 ) The officer is acting in the performance of his or her official duties; and
( 2 ) The activity is being conducted to directly protect any manatees, to enhance the propagation or survival of manatees, or is reasonably required to enforce the other provisions of this subpart.
( c ) Any person may engage in any activity otherwise prohibited by this subpart if such activity is reasonably necessary to prevent the loss of life or property due to weather conditions or other reasonably unforeseen circumstances, or to render necessary assistance to persons or property.
( d ) Any waterborne activity which would otherwise be prohibited by this subpart may be engaged in if it is conducted by or under a contract with a Federal agency and if the Secretary of Defense, in accordance with section 7(j) of the Endangered Species Act of 1973 (16 U.S.C. 1536(j)) makes a finding that such activity is necessary for reasons of national security. Such a finding must be made prior to the beginning of the activity or the designation of the protection area, whichever occurs later; except that in the case of an emergency establishment of a protection area under § 17.106, the finding must be made within 10 days after the beginning of the activity or the designation of the protection area, whichever occurs later.
279P15

#### State v. Frederick D. Gibbs

1. Defs PDR Under N.C.G.S. § 7A-31 (COA14-1062)

1. Denied

2. State’s Motion to Deem Response Timely Filed

2. Allowed
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





In connection with the Quarterly Report of Interactive Intelligence, Inc. (the "Registrant") on Form 10-Q for the quarterly period ending June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stephen R. Head, Chief Financial Officer, Vice President of Finance and Administration,
Secretary and Treasurer of the Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:





(1)
The Report, to which this certification is attached as Exhibit 32.2, 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 Registrant.








/s/ Stephen R. Head


Stephen R. Head


Chief Financial Officer, Vice President of Finance and Administration,


Secretary and Treasurer


(Principal Financial Officer and Principal Accounting Officer)


August 10, 2009
AAM-12-348-E May 24, 2012

Exemption No. 10541 Regulatory Docket No. FAA-2009-0962

Mr. Wesley H. Verkaart Heliops, LLC

15 Hounds Ditch Lane Duxbury, MA 02332

Dear Mr. Verkaart:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

On April 30, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Heliops, LLC, (Heliops) for an extension of Exemption No. 9958 from part 120 of Title 14, Code of Federal Regulati ons (14 CFR). That exemption allowed Heliops, which is operating under separate parts of the regulations, to cover its safety-sensitive employees under one testing program. That exemption, however, expired on November 30, 2011; therefore, we will treat your request as a new petition.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Heliops.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9703 (copy enclosed), the FAA found that Solid Edge’s § 91.147 air tour operations were closely connected to its part 135 operations. The FAA also found that combining the petitioner’s two testing programs into one would be in the public interest and would maintain an equivalent level of safety to that provided by the current regulations. Thus, the FAA concluded it was unnecessary to burden the petitioner by requiring it to conduct two separate testing programs.2

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 9703;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9703 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Heliops, LLC an exemption from part 120 to the extent necessary to allow Heliops, which is operating under separate parts of the regulations, to cover its safety-sensitive employees under one testing program, subject to the following

conditions and limitations.

Conditions and Limitations

1. Employees of Heliops are subject to the drug and alcohol regulations at all times while conducting operations under part 135 or part 91.

2. The drug and alcohol testing program must be implemented under the auspices of the Heliops part 135 operation, not under part 91.

This exemption terminates on May 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/
James R. Fraser, M.D. Deputy Federal Air Surgeon

Enclosure
No. 11-5897.

#### Von Sevrence *v.*Nevada.

Sup. Ct. Nev. Cer-tiorari denied.