alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### AVOCA SILK COMPANY, A BODY CORPORATE, PLAINTIFF-RESPONDENT, v. SAM NEWMAN, DEFENDANT-APPELLANT.

Submitted October 12, 1928

Decided March 28, 1929.

Before Gummeke, Chief Justice, and Justice Parker.

For the plaintiff-respondent, *Horton & Tilt.*

For the appellant, *Abram I. Bluestein.*

Per Curiam.

The Circuit Court directed the entry of a summary judgment for the plaintiff. The suit was on a bank check made by the defendant to the order of the plaintiff, payment of which was stopped. It appears by the affidavit that the check was given in payment of services performed or to be performed in throwing silk for the defendant. The defendant filed a counter-claim in which he set up that he had shipped silk to be thrown and returned, that it was to be thrown in a good workmanlike and substantial manner so that it could be used for the purpose of manufacturing into cloth, but that the silk returned was not of the same quality as that forwarded, nor was it the same silk, nor was it thrown in a good workmanlike and substantial manner. Damages of $5,000 were claimed. •

*336The trial judge filed a memorandum in which he held that there was a contract that payment was to be made by defendant before delivery, which contract was breached.

He further held that a counter-claim cannot be set up as a defense to such breach, and that by agreeing to pay before delivery any right as a counter-claim to the amount due was necessarily waived.

We are unable-to take this view of the matter. The statute of counter-claim is very broad, and as now in force is section 12 of the Practice act of 1912, which provides that “subject to rules the defendant may counter-claim or set off any cause of action.” Eules 65, 66 and 67 contain no special matter necessary to note here and generally are in aid of a liberal construction of the statute. The statute further provides that where the counter-claim cannot be conveniently tried it may be struck out; and this was done in the case of *Kelley*v. *Iron and Steel Co.,*87 *N. J. L.*567; but the present case is not within that decision or within that portion of the statute; for the present counter-claim went directly to the cause of action.

The judgment will be reversed with directions that the counter-claim be reinstated and the case tried on the merits.
THE THIRTEENTH COURT OF APPEALS

13-15-00168-CV

Joe Ernest Lugo, Individually and Loving Touch Adult Daycare, Inc.

v.

Irene Garza

On appeal from the

County Court at Law No. 6 of Hidalgo County, Texas

Trial Cause No. CL-14-3875-F

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion. Costs of the appeal are adjudged against 

appellant.

We further order this decision certified below for observance.

October 22, 2015.
**EXHIBIT 23**
**ACCOUNTANTS’ CONSENT**
The Board of DirectorsBacou USA, Inc.:
     The audits referred to in our report dated February 22,2001, included the related consolidated financial statementschedule as of December 31, 2000, and for each of the yearsin the three-year period ended December 31, 2000, includedin the annual report on Form 10-K. The financial statementschedule is the responsibility of the Company’s management.Our responsibility is to express an opinion on the financialstatement schedule based on our audits. In our opinion, suchfinancial statement schedule, when considered in relation to thebasic consolidated financial statements taken as a whole,presents fairly in all material respects the information setforth therein.
     We consent to the incorporation by reference in the registrationstatements (Nos. 333-09251 and 333-72637) on Form S-8of Bacou USA, Inc. of our reports, relating to the consolidatedbalance sheets of Bacou USA, Inc. and subsidiaries as ofDecember 31, 1999 and 2000, and the related consolidatedstatements of income, stockholders’ equity and cash flowsfor each of the years in the three-year period endedDecember 31, 2000, and the related consolidated schedule,which reports appear in the December 31, 2000 annual reporton Form 10-K of Bacou USA, Inc..
 	KPMG LLP
Providence, Rhode IslandMarch 29, 2001
47
#### § 96.90 Scope.

This subpart applies to the community services block grant.
Case 8:12-cv-01626-ODW-JC Document 13 Filed 10/11/12 Page 1 of 6 Page ID #:94
Case 8:12-cv-01626-ODW-JC Document 13 Filed 10/11/12 Page 2 of 6 Page ID #:95
Case 8:12-cv-01626-ODW-JC Document 13 Filed 10/11/12 Page 3 of 6 Page ID #:96
Case 8:12-cv-01626-ODW-JC Document 13 Filed 10/11/12 Page 4 of 6 Page ID #:97
Case 8:12-cv-01626-ODW-JC Document 13 Filed 10/11/12 Page 5 of 6 Page ID #:98
Case 8:12-cv-01626-ODW-JC Document 13 Filed 10/11/12 Page 6 of 6 Page ID #:99
[if !vml]>[endif]>

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You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access to publicationsin the archive is available through GPO's suite of cataloging and locatorservices, including the Catalog of U.S. Government Publications (CGP). Archived copies of publications are retrieved in the event that publicationsare no longer available from the original publishing agency site. 
**Title: Motorvehicle use map. Buffalo Gap National Grassland. Fall River Ranger District,South Dakota**
 
2010 | 2013| 2015 | 2019
 
SuDoc Number:A 13.28:B 86/2/
Item Number:0080-G (online)
CGP systemNumber:000852941
 
June 28, 2018
```

[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2109-2110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-344]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0975; FRL-8859-7]

Methomyl: Cancellation Order for Amendments to Terminate Use of 
Methomyl on Grapes; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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

[[Page 2110]]

SUMMARY: EPA issued a notice in the Federal Register of Wednesday, 
December 8, 2010, concerning amendments to terminate use of methomyl on 
grapes. This document is being issued to correct the effective date of 
the amendments.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8589; e-mail address: 
myers.tom@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the notice a list of those who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0975. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. What Does this Correction Do?

    FR Doc. 2010-30865 published in the Federal Register of Wednesday, 
December 8, 2010 (75 FR 76456) (FRL-8855-6) is corrected as follows:
    1. On page 76456, in the second column, the DATES line, is 
corrected to read ``DATES: The amendments are effective May 9, 2011.''
    2. On page 76457, in the first column, in Unit IV. Cancellation 
Order, the third sentence which reads in part ``The effective date of 
the * * * '' is corrected to read ``The effective date of the 
amendments that are the subject of this notice is May 9, 2011.''

List of Subjects

    Environmental protection, Agricultural commodities, pesticides and 
pests.

    Dated: January 3, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-344 Filed 1-11-11; 8:45 am]
BILLING CODE 6560-50-P
```
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1298 

CA 13-00767 

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ. 

 

DARRYL GAITER AND HELEN GAITER, 

PLAINTIFFS-RESPONDENTS, 

V MEMORANDUM AND ORDER

CITY OF BUFFALO BOARD OF EDUCATION AND 

MARTIN LUTHER KING SCHOOL #39, 

DEFENDANTS-APPELLANTS. 

 

TIMOTHY A. BALL, CORPORATION COUNSEL, BUFFALO (DAVID M. LEE OF

COUNSEL), FOR DEFENDANTS-APPELLANTS. 

LAW OFFICE OF ERIC B. GROSSMAN, WILLIAMSVILLE (ERIC B. GROSSMAN OF

COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

 

Appeal from an order of the Supreme Court, Erie County (Timothy

J. Drury, J.), entered February 4, 2013. The order awarded plaintiffs

money damages after a nonjury trial. 

It is hereby ORDERED that said appeal is unanimously dismissed

without costs.

Memorandum: On appeal from an order awarding damages to

plaintiffs in this personal injury action, defendants contend that the

award of damages deviates materially from what would be reasonable

compensation (see CPLR 5501 [c]). We must dismiss the appeal because

defendants failed to include the “partial judgments,” i.e., relevant

and necessary documents of the record, in the record on appeal (see

Copp v Ramirez, 62 AD3d 23, 28, lv denied 12 NY3d 711; Desmarat v

Basile, 288 AD2d 336, 337; Reiss v Reiss, 280 AD2d 315, 315). In any

event, defendants’ contention is not preserved for our review (see

Homan v Herzig [appeal No. 2], 55 AD3d 1413, 1413-1414; see also

Barnes v Dellapenta, 111 AD3d 1287, 1288).

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court
<PAGE>

                                  EXHIBIT 99.3

                            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 Health  Express USA, Inc.
(the  "Company") on Form 10-QSB for the three month period ended March 30, 2003,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"), each of the undersigned, in the capacities and on the dates indicated
below, hereby certifies pursuant to 18 U.S.C.  Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to 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 operation of Health Express.


Date:    May 19, 2003                      By:      /s/ Douglas Baker
                                              -----------------------
                                                    Douglas Baker
                                                    Chief Executive Officer





<PAGE>
#### § 63.38 Publications.

Any publication or presentation resulting from or primarily related to Federal financial assistance under this part shall contain an acknowledgement essentially as follows:

The activity which is the subject of this report was supported in whole or part by a grant from the Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services. However, the opinions expressed herein do not necessarily reflect the position or policy of that Office and no official endorsement by that Office should be inferred.
**HOME | 	  ABOUT US | 	  CONTACT | 	  REGIONAL MANAGERS**Nautical Charts & Pubs****Surveys & Wrecks****GIS & Other Products****Research & Development****Customer Service****Business Opportunities****Education****Chart: 514          Edition: 7          Edition Date: January 2004          Clear Dates: NM - 11/26/2011     LNM - 11/15/2011**Download RNCNotice ListingFind A Chart Site-  **Click the +/- buttons and drag the slider tool (solid triangle) 				to zoom in and out.** 
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

# ACTION:

Announcement of meeting.

# SUMMARY:

This notice announces the tenth meeting of the American Health Information Community in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.) The American Health Information Community will advise the Secretary and recommend specific actions to achieve a common interoperability framework for health information technology (IT).

# DATES:

December 12, 2006, from 8:30 a.m. to 12 p.m.

# ADDRESSES:

Hubert H. Humphrey building (200 Independence Avenue, SW., Washington, DC 20201), Conference Room 800.

# FOR FURTHER INFORMATION CONTACT:

                        Visit                         *http://www.hhs.gov/​healthit/​ahic.html.*

# SUPPLEMENTARY INFORMATION:

The Community will discuss state-federal health information exchange technology and coordination, the development of proto-use cases, and an update on the Personalized Healthcare Workgroup.

                    A Web cast of the Community meeting will be available on the NIH Web site at:                     *http://www.videocast.nih.gov/​*.                

If you have special needs for the meeting, please contact (202) 690-7151.

Dated: November 16, 2006.

Judith Sparrow,

Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology.

[FR Doc. 06-9430 Filed 11-27-06; 8:45 am]

BILLING CODE 4150-24-M
**EXHIBIT 23**
**ACCOUNTANTS’ CONSENT**
The Board of DirectorsBacou USA, Inc.:
     The audits referred to in our report dated February 22,2001, included the related consolidated financial statementschedule as of December 31, 2000, and for each of the yearsin the three-year period ended December 31, 2000, includedin the annual report on Form 10-K/A. The financialstatement schedule is the responsibility of the Company’smanagement. Our responsibility is to express an opinion on thefinancial statement schedule based on our audits. In ouropinion, such financial statement schedule, when considered inrelation to the basic consolidated financial statements taken asa whole, presents fairly in all material respects theinformation set forth therein.
     We consent to the incorporation by reference in the registrationstatements (Nos. 333-09251 and 333-72637) on Form S-8of Bacou USA, Inc. of our reports, relating to the consolidatedbalance sheets of Bacou USA, Inc. and subsidiaries as ofDecember 31, 1999 and 2000, and the related consolidatedstatements of income, stockholders’ equity and cash flowsfor each of the years in the three-year period endedDecember 31, 2000, and the related consolidated schedule,which reports appear in the December 31, 2000 annual reporton Form 10-K/A of Bacou USA, Inc.
 	KPMG LLP
Providence, Rhode IslandApril 25, 2001
§ 301.16 Withholding of advance funds for not reporting. ( a ) No advance for any quarter will be made unless full and complete reports on expenditures and collections, as required by §§ 301.15 and 302.15 of this chapter, respectively, have been submitted to the Office by the IV-D agency for all quarters with the exception of the two quarters immediately preceding the quarter for which the advance is to be made.
( b ) For purposes of this section, a report is full and complete if: ( 1 ) All line items of information are reported in accordance with OCSE instructions; and
( 2 ) The report contains all applicable information available to the State and appropriate for inclusion in the report for the quarter being reported and prior quarters.
(Collection reporting form approved by the Office of Management and Budget under control number 0960-0238 and expenditure reporting form approved under control number 0960-0235) [47 FR 8570, Mar. 1, 1982]
B-3 Contractors, Inc. -- Post Office Box 142

Klawock, AK 99925

907-755-2375

Fax: 907-755-2361 -- Cell: 907-401-0375

b3con@aptalaska.net

February 8, 2013

Lauralyn J. Remo

DOT, Office of Aviation Analysis, Air Carrier Fitness Division, X-56

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

USA

Ms. Remo, 

We write this letter in support of the application by Island Air Express for a Certificate of 

Public Convenience that would grant them authority to transport mail for the City of 

Klawock, Alaska on Prince of Wales Island. 

We have lived in Klawock and operated our business from here since 1986. During that 

time we have had many altered travel plans due to weather. We have waited long 

periods of time for needed repair parts to arrive in the mail for our equipment. We have 

experienced delays in closing business deals waiting for mail delivery, sometimes for as 

long as a week.

Since the inception of service to our island community by Island Air Express, we have 

been able to count on travel plans. We can get to our destinations in as little time as 

possible because of the availability and timing of flights from Klawock to the Ketchikan 

Airport. Most appreciated is our ability to now get back home to Klawock in the same 

day because of Island Air’s flight schedules and more importantly, their ability to fly in 

most weather conditions because of their IFR service. 

Island Air Express is the only scheduled carrier flying into Klawock from Ketchikan, from 

which location our mail and freight is transported. We have waited for over a week at 

times for mail that is in a “holding pattern” somewhere because of weather. This winter 

season, as with all others before it, mail is constantly delayed and there is no reliable 

schedule for one’s daily trip to the post office to pick it up. We are confident that Island 

Air Express can provide a much more reliable mail delivery service to all of us in 

Klawock, and beyond, if approved to do so.

The facility that Island Air has constructed at the Klawock Airport to house their 

operations, and to secure their planes, is appreciated by all of us. It clearly 
demonstrates their commitment to a high level of reliable service to its customers and to 

their comfort and safety. 

Island Air Express has proven itself time and again as a great supporter of Prince of 

Wales Island activities. With a Klawock based staff, they also contribute greatly to the 

local economy.

The service provided to us by Island Air Express, as business owners and private 

citizens, has been impeccable. The staff is professional, courteous, friendly and they all 

bend over backwards to serve our needs. 

We look forward to the day when Island Air Express can also provide us with more 

reliable mail service.

Respectfully submitted,

Michael J. Bush 

Janice M. Bush

Owners, B-3 Contractors, Inc.
§ 681.9 How does a defendant respond to the complaint? ( a ) A defendant may file an answer with the reviewing official within 30 days of service of the complaint. An answer will be considered a request for an oral hearing.
( b ) In the answer, a defendant— ( 1 ) Must admit or deny each of the allegations of liability contained in the complaint (a failure to deny an allegation is considered an admission);
( 2 ) Must state any defense on which the defendant intends to rely;
( 3 ) May state any reasons why he or she believes the penalties, assessments, or both should be less than the statutory maximum; and
( 4 ) Must state the name, address, and telephone number of the person authorized by the defendant to act as the defendant's representative, if any.
( c ) If the defendant is unable to file a timely answer which meets the requirements set forth in paragraph (b) of this section, the defendant may file with the reviewing official a general answer denying liability, requesting a hearing, and requesting an extension of time in which to file a complete answer. A general answer must be filed within 30 days of service of the complaint.
( d ) If the defendant initially files a general answer requesting an extension of time, the reviewing official must promptly file with the ALJ the complaint, the general answer, and the request for an extension of time.
( e ) For good cause shown, the ALJ may grant the defendant up to 30 additional days within which to file an answer meeting the requirements of paragraph (b) of this section. Such answer must be filed with the ALJ and a copy must be served on the reviewing official.
§ 2556.700 Who is covered by this subpart? ( a ) All VISTAs, including leaders and summer associates, are subject to this subpart.
( b ) All employees of VISTA sponsors and subrecipients whose salaries or other compensation are paid, in whole or in part, with VISTA grant assistance are subject to this subpart.
( c ) All VISTA sponsors and subrecipients are subject to this subpart.
EXHIBIT 32.2

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

         Solely for the purposes of complying with 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned Chief Financial Officer of Flexible Solutions International, Inc.
(the "Company"), hereby certify that, to the best of my knowledge, the Quarterly
Report on Form 10-QSB/A (Amendment No. 1) of the Company for the quarter ended
September 30, 2002 (the "Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.


Date:  December 5, 2005                         /s/ DANIEL B. O'BRIEN
                                                -----------------------
                                                Daniel B. O'Brien
                                                Chief Financial Officer