alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### „ Dodge *v.*Cabeoll.

Motivo may be shown, when material.

Admission of testimony not rebutting is within the discretion of the judge at the trial term, which will not be revised unless specially reserved.

*238Testimony of jurors as to what happened in the jury-room is admissible-to sustain a verdict, hut not to impeach it.

A verdict may be sustained, although the damages were first computed as the average judgment of the jury, if afterwards they fairly agreed! on the amount.

Case, for damages from defective highway. The plaintiff’s evidence tended to show that the wheel of his wagon struck a stone in the highway, the defect complained of, and he was thrown out and injured. The defendants’ evidence tended to show that he jumped out. It appeared, on cross-examination of Pennock, the defendants’ witness, that, at the request of the plaintiff, he had made a statement somewhat different from his testimony. The plaintiff was permitted to testify, subject to exception, that he-caused the statement to be taken because he had heard that citizens of Carroll said he jumped out. Congdon, the plaintiff’s .witness in rebuttal, was permitted to testify, subject to exception, that the plaintiff was thrown out.

Having decided for the plaintiff, the jury ascertained the average judgment of the panel as to the amount of damages, and that-amount, slightly changed, they afterwards agreed to. The defendants moved to set aside the verdict. The court ruled that testimony of jurors might be received to sustain the verdict, but not to set it aside, and the defendants excepted.

*Ray, Drew 8f Jordan,*for the defendants.

*Ladd Sf Fletcher,*for the plaintiff.

It might be argued that taking a statement to disprove an anticipated defence showed that the plaintiff knew the defence to be true. It was proper to show his. motive. Congdon’s evidence was rebutting. In putting in his case, the plaintiff was not bound to anticipate defences. As to the conduct of the jury, see *Dana*v. *Tucker, 4*Johns. 487; *Grinnell*v. Phillips, 1 Mass. 541; *Shobe*v. *Bell,*1 Rand. (Va.) 39; *Cowperthwaite*v. *Jones,*2 Dall. (Pa.) 55; Proff. Jury Trial, *s.*407; *Thompson*v. *Com.,*8 Gratt. 637; *Crabtree*v. *State,*3 Sneed (Tenn.) 302.

Bingham, J.

It was competent for the plaintiff to explain why he took Pennoek’s statement. The motive of an act may be shown when it is in question. *Carter*v. *Beals, 44*N. H. 408. The admission of Congdon’s testimony was within the discretion of the judge at the trial term, which will not be revised unless specially reserved. *York*v. *Pease,*2 Gray 282; 1 Gr. Ev., *ss.*74, 431.

The affidavits of jurors are admissible to sustain a verdict, but not to impeach it. *State*v. *Ayer,*23 N. H. 301, 321; *Tenney*v. *Evans,*13 N. H. 362, 465; *Leighton*v. *Sargent,*31 N. H. 119. The final *239agreement of the jury on the question of damages having been apparently fair, the verdict is not invalidated by the preliminary ascertainment of their average judgment. *Grinnell*v. Phillips, 1 Mass. 530, 542.

*Judgment on the verdict.*

Stanley, J., did not sit: the others concurred.
§ 1016.301 When an application may be filed. ( a ) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after an administratively final disposition of the proceeding.
( b ) If review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy.
( c ) For purposes of this rule, see the Board's rules governing appellate procedures at §§ 1115.2 and 1115.3 to determine when a decision becomes administratively final.
[46 FR 61660, Dec. 18, 1981, as amended at 54 FR 26380, June 23, 1989]
#### § 1100.2 Applicability.

The rules in parts 1100-1129, Rules of General Applicability, establish general rules applicable to all types of proceedings. Other rules in this subchapter establish special rules applicable to particular types of proceedings. When there is a conflict or inconsistency between a rule of general applicability and a special rule, the special rule will govern.

[47 FR 49548, Nov. 1, 1982, as amended at 50 FR 30275, July 25, 1985]
Exhibit 32.2



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Joseph C. Cahill, Director and CFO of PowerCold Corporation (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.  This Annual Report on Form 10-K/A of the Company for the period ended December 31, 2004 as filed with the Securities and Exchange Commission (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.





Date: October 13, 2005



/s/ Joseph C. Cahill

Joseph C. Cahill

Director and CFO
#### George H. Converse, *Respondent, v.*Artemus B. Walker, Appellant.—

Motion to modify order granted so that it will appear that the new trial was granted on the exceptions taken at the trial.
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We have issued our report dated March 3, 2007,
accompanying the consolidated financial statements as of and for the years ended December 31, 2006 and 2005 and included in the Annual Report of RBC Life Sciences, Inc. and Subsidiaries on Form 10-K for the year ended December 31, 2006. We
hereby consent to the incorporation by reference of said report in the Registration Statements of RBC Life Sciences, Inc. and Subsidiaries on Forms S-8 (File No.333-109723 and File No. 333-139606).



|                                |  | 
|------------------------------- |  | 
|/s/ Lane Gorman Trubitt, L.L.P. |  | 
|LANE GORMAN TRUBITT, L.L.P.     |  | 
|                                | 
|Dallas, Texas                   |  | 
|March 14, 2007                  |  |
§ 57.02-1 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the U.S. Coast Guard and the National Archives and Records Administration (NARA). Contact U.S. Coast Guard Headquarters at: Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; phone (202) 372-1375; email *typeapproval@uscg.mil*. For information on the availability of this material at NARA, visit *www.archives.gov/federal-register/cfr/ibr-locations* or email *fr.inspection@nara.gov*. The material may be obtained from *American Society of Mechanical Engineers* (*ASME*), Two Park Avenue, New York, NY 10016-5990; 800-843-2763; *CustomerCare@asme.org ; www.asme.org:* ( a ) ASME Boiler and Pressure Vessel Code, Section IX, Qualification Standard for Welding, Brazing, and Fusing Procedures; Welders; Brazers; and Welding, Brazing, and Fusing Operators, 2019 Edition, issued July 1, 2019 (“Section IX of the ASME BPVC”); IBR approved for §§ 57.02-2; 57.02-4(a); 57.03-1(a) and (b); 57.04-1; 57.05-1(a); 57.06-1(c); 57.06-4(h).
( b ) [Reserved]
[CGD 88-032, 56 FR 35823, July 29, 1991, as amended by CGD 95-072, 60 FR 50462, Sept. 29, 1995; 60 FR 54106, Oct. 19, 1995; CGD 96-041, 61 FR 50728, Sept. 27, 1996; USCG-1999-6216, 64 FR 53224, Oct. 1, 1999; USCG-2009-0702, 74 FR 49229, Sept. 25, 2009; USCG-2012-0832, 77 FR 59778, Oct. 1, 2012; USCG-2013-0671, 78 FR 60148, Sept. 30, 2013]
98-2508.

#### State v. Cuevas.

Lorain App. No. 91CA005043. On motion for leave to file delayed appeal. Motion denied.
§ 72.10-25 Stairway size. ( a ) Stairways shall be of sufficient width to satisfactorily accommodate the number of persons having access to such stairs for escape purposes.
( b ) [Reserved]
EX-10.6



 Exhibit 10.6 
 AMENDMENT NO. 1 
 TO THE 

MATTEL, INC. EXECUTIVE SEVERANCE PLAN 
 WHEREAS, Mattel, Inc. (“Mattel”) maintains the Mattel, Inc. Executive Severance Plan, effective as of June 30, 2009 (the “Plan”); 

WHEREAS, pursuant to Section 12 of the Plan, the Board of Directors of Mattel (the “Board”) or the
Compensation Committee thereof has the right to amend the Plan, provided, that the Plan may not be amended by the Board or Compensation Committee in any manner that is materially adverse to any Plan participant without such participant’s
consent; and 
 WHEREAS, the Compensation Committee desires to amend the Plan to cause certain amounts payable under the
Plan to be subject to the Mattel, Inc. Compensation Recovery Policy. 
 NOW, THEREFORE, pursuant to Section 12 of
the Plan, the Plan is hereby amended, effective as of August 29, 2013, as follows: 
 1. The first sentence of
Section 10 is hereby restated as follows: 
 “Except as provided herein (including as provided in Section 17),
Mattel’s obligation to make the payments provided for in this Plan and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including without limitation any set-off, counterclaim, recoupment, defense or
other right which Mattel may have against a Participant or others.” 
 2. A new Section 17 is hereby added as follows:

 “17. Compensation Recovery Policy 

Notwithstanding any provision in this Plan to the contrary, amounts paid or payable under this Plan shall be subject to
the terms and conditions of the Mattel, Inc. Compensation Recovery Policy, as may be amended from time to time (the “Compensation Recovery Policy”), to the extent applicable (including by reason of such amounts being calculated or
determined by reference to an underlying amount or payment that is subject to the Compensation Recovery Policy).” 
 3.
Affected Participant Consent. This Amendment No. 1 is subject to the consent of each Plan participant who is subject to the Compensation Recovery Policy and participates in the Plan as of August 29, 2013 (each, an “Affected
Participant”). To the extent that any such Affected Participant does not consent to this Amendment No. 1, the provisions of this Amendment No. 1 shall not apply to such Affected Participant. 

4. Ratification and Confirmation. Except as specifically amended hereby, the Plan is hereby ratified and confirmed in all respects
and remains in full force and effect. 
 5. Governing Law. This Amendment No. 1 shall be governed by, and construed
in accordance with, the laws of the State of California (excluding its choice of law principles). 
 6. Headings. Section
headings are for convenience only and shall not be considered a part of this Amendment No. 1. 







 IN WITNESS WHEREOF, Mattel has caused this Amendment No. 1 to be executed, effective as of
August 29, 2013. 
  

			
	MATTEL, INC.
		
	By:	 	/s/ Alan Kaye
	Name:	 	Alan Kaye
	Title:	 	Executive Vice President, Chief Human Resources Officer
		
	Dated:	 	September 3, 2013
#### § 95.50-5 [Reserved]
#### § 1104.9 [Reserved]
§ 1110.3 Publication of notices. ( a ) Interpretive rules, general statements of policy, and rules relating to organization, procedure, or practice may be issued as final without notice or other public rulemaking proceedings.
( b ) General rulemaking proceedings will be opened by the issuance of either a notice of intent to institute a rulemaking proceeding, an advance notice of proposed rulemaking, or a notice of proposed rules. The Board will publish the notice in the Federal Register, and it will invite the public to participate in the rulemaking proceeding. No notice will be issued when the Board finds for good cause, that notice is impractical or unnecessary or contrary to the public interest.
( c ) Notices of proposed rulemakings will include: ( 1 ) The proposed rules, if prepared;
( 2 ) A discussion of why the rulemakings are needed and what they are intended to accomplish;
( 3 ) Identification of significant dates in the proceedings, such as dates by which comments must be filed or on which the rules are proposed to take effect;
( 4 ) Any relevant addresses;
( 5 ) The name and phone number of an individual within the Board who can provide further information concerning the proceedings;
( 6 ) Any supplementary information required; and
( 7 ) Reference to the legal authority under which the rules are proposed.
( d ) In addition to being published in the Federal Register, notices of proposed rulemaking and subsequent notices and decisions in rulemaking proceedings, will be served on the parties by the Office of Proceedings and made available to the public through the Office of Public Assistance, Governmental Affairs, and Compliance. To the extent possible, the date of service will be the same as the date of publication in the Federal Register. When the service and publication dates are not the same, the date of publication in the Federal Register is controlling for the purpose of determining time periods set by these procedures or by notices issued in individual proceedings.
[47 FR 49556, Nov. 1, 1982, as amended at 74 FR 52907, Oct. 15, 2009]
#### § 1122.13 Right to submit statements.

Any party subject to a Board-Initiated Investigation may, at any time during the course of a Board-Initiated Investigation, submit to the Board written statements of facts or circumstances, with any relevant supporting evidence, concerning the subject of that investigation.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         393,448
<SECURITIES>                                         0
<RECEIVABLES>                                  724,168
<ALLOWANCES>                                    12,864
<INVENTORY>                                    130,140
<CURRENT-ASSETS>                             1,307,116
<PP&E>                                         268,340
<DEPRECIATION>                                 130,170
<TOTAL-ASSETS>                               1,727,749
<CURRENT-LIABILITIES>                        1,122,367
<BONDS>                                              0
<COMMON>                                     4,212,925
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                 (3,607,543)
<TOTAL-LIABILITY-AND-EQUITY>                 1,727,749
<SALES>                                      3,880,039
<TOTAL-REVENUES>                             3,880,039
<CGS>                                        2,199,957
<TOTAL-COSTS>                                2,199,957
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,060
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (160,583)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
#### § 1112.7 Records in other Board proceedings.

If any portion of the record before the Board in any proceeding other than the proceeding at issue is offered in evidence, a true copy should be presented for the record.

[47 FR 49558, Nov. 1, 1982, as amended at 61 FR 52712, Oct. 8, 1996]
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
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Richmond
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Atlanta
Chicago
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St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

# District: 3
Federal Reserve Bank of: Philadelphia

## Filings received during the week ending August 27, 2011

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
 |
Richmond
 |
Atlanta
Chicago
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St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
 |
Richmond
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Atlanta
Chicago
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St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

# District: 4
Federal Reserve Bank of: Cleveland

## Filings received during the week ending August 4, 2012

|Filer                     | Filing Type    | Filing Proposal                                                                                                                                                                                             | End of Comment Period                                  
|------------------------- | -------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------
|Bank Opportunity Fund LLC | CIC            | Notice of Change of Control by Bank Opportunity Fund, LLC; Bank Opportunity Advisors LLC; and Bank Acquisitions LLC, Washington, D.C. to acquire up to 24.99% of Middlefield Banc Corp., Middlefield, Ohio. | Newspaper:Not availableFederal Register:Not available  
|Newspaper:                | Not available 
|Federal Register:         | Not available 
|HEARTLAND BANK            | Premises       | Heartland Bank, Gahanna, OH request for permission to exceed its investment in premises limit as permitted under Section 24A of the Federal Reserve Act.                                                    | Newspaper:Not applicableFederal Register:Not applicable
|Newspaper:                | Not applicable
|Federal Register:         | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority        Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

# Board Actions

## Actions taken during the week ending December 3, 2011

----

Bank Holding Companies            Goering Management Company, LLC, Moundridge, Kansas; Goering Financial Holding Company Partnership, L.P.; and Bon, Inc. -- to acquire Home State Bancshares, Inc., McPherson, and thereby acquire Home State Bank & Trust Company.            -Approved, November 28, 2011            Bank Mergers            The Croghan Colonial Bank, Fremont, Ohio -- to acquire four branches from The Home Savings and Loan Company of Youngstown, Ohio, in Tiffin, Fremont, and Clyde, and to establish branches at three of those locations.             -Approved, November 28, 2011            Forms            Forms -- final Board review to extend with revision the Recordkeeping and Disclosure Requirements Associated with Loans Secured by Real Estate Located in Flood Hazard Areas (Reg H-2).            -Approved, November 28, 2011                        Forms -- initial Board review to extend with revision the Quarterly Report of Assets and Liabilities of Large Foreign Offices of U.S. Banks (FR 2502q), Automobile Finance Terms (FR 2005), and Passenger Auto Contract Collection Trends (FR 2012); and to extend without revision the Weekly Report of Selected Assets and Liabilities of Domestically Chartered Commercial Banks and U.S. Branches and Agencies of Foreign Banks (FR 2644), Quarterly Report of Interest Rates on Selected Direct Consumer Installment Loans (FR 2835), and Quarterly Report of Credit Card Plans (FR 2835a).            -Proposed, November 28, 2011            Personnel            Division of Banking Supervision and Regulation -- appointment of Michael S. Gibson as director, effective January 1, 2012.            -Announced, November 30, 2011            Enforcement            First State Bank of DeQueen, DeQueen, Arkansas -- issuance of a consent order of assessment of a civil money penalty.            -Announced, November 29, 2011            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received: