alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### McQuown v. Thompson.

Practice in Civil Actions — Bisecting- Yerdict.

An instruction directing a verdict for the plaintiff can be justified only where the pleadings and evidence leave no room for a difference of opinion, and where the judgment which should be rendered is manifest and indisputable.

*Appeal from the District Court of Arapahoe County.*

Mr. J. W. Horner and Mr. P. B. Godsman, for appellant.

No appearance for appellee.

Thomson, J.,

delivered the opinion of the court.

Appellee was a real estate agent, and brought this suit against the appellant to recover §350 as a commission charged for negotiating a sale of real estate belonging to her. After the evidence on both sides had been introduced, the court instructed the jury as follows :

“ Under the undisputed facts of this case as they appear from the pleading's and the evidence, the plaintiff is entitled to recover the usual and regular rate of commission prevailing in the city of Denver for making sales of the real property, which in this case to be §350. You will, therefore, return a verdict in his favor for that sum.”

An instruction like this can be justified only where the pleadings and evidence leave no room for a difference of opinion, and where the judgment which should be rendered is manifest and indisputable. If there is conflicting evidence concerning any material fact, or if the facts are involved in doubt, the case must be submitted to the jury by proper instructions, and to direct a verdict is a usurpation of their province.

The complaint alleges a promise by the defendant to pay *467the sum charged. It also alleges that the charge was fair and reasonable. The answer denies the promise, and denies that the charge was fair or reasonable. It also sets forth that the defendant was induced to receive in place of money, as part of the consideration of the property, two notes aggregating |1,400, by representations of the plaintiff, made as of his own knowledge, and upon which she relied, that the notes were well secured, and were worth their full face value in cash; whereas they were not well secured, and were practically worthless, so that she was unable to realize anything upon them. The affirmative matter is denied by the replication.

The testimony of the plaintiff tended to support the allegations of his complaint, and the evidence in behalf of the defendant tended to support her answer. The facts were in dispute both by the pleadings and the evidence, and the giving of the instruction was error.

The judgment will be reversed.

*Reversed. '*
#### The National Exchange Bank of Auburn, *Plaintiff, v.*Henry Ogden, *Defendant, Impleaded, etc.*

New trial .ordered, costs to abide event. Opinion by

Barker, J.
```

[Journal of the House of Representatives, 1995]
[Monday, July 10, 1995 (91), Para 91.27 Point of Order]
[Pages 1099-1100]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.91.27  point of order

  Mr. BONIOR made a point of order, and said:

[[Page 1100]]

  ``Mr. Speaker. The gentleman [Mr. Hayworth] is not talking about the 
resolution and he is off the issue.''
  The SPEAKER pro tempore, Mr. WALKER, sustained the point of order, and 
said:
  ``The gentleman from Arizona [Mr. Hayworth] must confine himself to 
the subject matter of the resolution before the House.''
  After further debate,
```
98-2178.

#### Burnes v. Webb.

Athens App. No. 97CA45. This cause is pending before the court as a discretionary appeal. Upon consideration of appellant’s motion for stay,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied.
§ 1242.52 Lease rentals—debit and credit, other rents—debit and credit, repairs billed to others—credit (accounts 31-27-00, 32-27-00, 35-27-00, 36-27-00, and 40-27-98). ( a ) Separate common debit expense accounts in proportion to the separation of solely related (freight or passenger service) in each individual account. If there are no solely related expenses or if the solely related expenses are assignable entirely to freight or passenger service, separate common debit expense accounts on the same percentages calculated for the separation of administration (account XX-27-01).
( b ) Separate common credit expense accounts on the basis of the same percentages calculated for the separation of administration (account XX-27-01).
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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# District: 1
Federal Reserve Bank of: Boston

## Filings received during the week ending December 12, 2009

|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
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|NONE       

* Subject to the provisions of the Community Reinvestment Act

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---

Home Banking information and regulation  Accessibility Contact 
  us
I 

111TH CONGRESS 

1ST SESSION H. R. 2532 

To amend the Housing and Community Development Act of 1974 to increase 

the limitation on the amount of community development block grant 

assistance that may be used to provide public services. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2009 

Mr. PAUL introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To amend the Housing and Community Development Act 

of 1974 to increase the limitation on the amount of 

community development block grant assistance that may 

be used to provide public services. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Develop5 ment Block Grant Improvement Act of 2009’’. 


wwoods2 on PRODPC68 with BILLS
2 

•HR 2532 IH

1 SEC. 2. INCREASE IN CDBG PUBLIC SERVICES CAP. 

2 Paragraph (8) of section 105(a) of the Housing and 

3 Community Development Act of 1974 (42 U.S.C. 

4 5305(a)(8)) is amended— 

5 (1) by striking ‘‘15 per centum’’ each place 

6 such term appears and inserting ‘‘50 percent’’; and 

7 (2) by striking ‘‘unless such unit’’ and all that 

8 follows through ‘‘yields the higher amount’’. 

Æ 


wwoods2 on PRODPC68 with BILLS
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 June 23, 2012

----

Testimony and Statements            Bank Supervision and Risk Management -- statement by Scott G. Alvarez, general counsel, before the House Committee on Financial Services on bank supervision, risk management, and the Federal Reserve's response to trading losses recently incurred by JPMorgan Chase & Co.            -Published, June 19, 2012            Personnel            Management Division -- appointment of Dave Harmon as associate director and chief human capital officer, effective June 25, 2012.            -Approved, June 18, 2012            Regulations and Policies            Foreclosure Review and Remediation -- (1) interagency guidance on determining borrower remedies for financial injuries identified during an independent foreclosure review and (2) extension of the deadline for borrowers to request a free foreclosure review to September 30, 2012.            -Announced, June 21, 2012                        Mortgage Servicing for Military Personnel -- interagency guidance concerning mortgage-servicing practices that may pose risks to homeowners serving in the military.            -Announced, June 21, 2012                        Presidential $1 Coin Program -- annual report to Congress on the Presidential $1 Coin Program.            -Approved, June 22, 2012            Enforcement            Frontier National Corporation, Chelsea, Alabama -- written agreement with the Federal Reserve Bank of Atlanta.            -Announced, June 21, 2012                        One Financial Corporation, Little Rock, Arkansas -- written agreement with the Federal Reserve Bank of St. Louis.            -Announced, June 21, 2012            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
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# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending December 3, 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

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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 March 2, 2013

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Testimony and Statements            Monetary Policy -- statement by Chairman Bernanke before the Senate Committee on Banking, Housing, and Urban Affairs on February 26 and the House Committee on Financial Services on February 27, 2013, on the semiannual monetary policy report to the Congress.            -Published, February 26, 2013            Forms            Forms -- initial Board review to implement the Annual Company-Run Stress Test Projections (FR Y-16).            -Proposed, February 27, 2013            Regulations and Policies            Regulation HH (Financial Market Utilities) -- publication for comment of amendments to authorize the Federal Reserve Banks to open accounts for and provide financial services to financial market utilities designated as systemically important by the Financial Stability Oversight Council, in accordance with the Dodd-Frank Act.            -Approved, February 25, 2013                        Report on Debit Card Data -- biennial report on 2011 debit card volume and value, interchange fee revenue, certain debit card issuer costs, and fraud losses related to debit card transactions.            -Approved, February 19, 2013            (A/C)          Enforcement            Enforcement Actions -- interagency amendments to enforcement actions against 13 mortgage servicers for deficiencies in mortgage loan servicing and foreclosure processing.            -Announced, February 28, 2013            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
98-2528.

#### State v. McDade.

Lake App. No. 97-L-059. On motion for leave to file delayed appeal. Motion denied.

Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., dissent.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 183 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 183

 To amend the Truth in Lending Act to require lenders to post current 
  interest rates charged for various categories of loans to consumers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mrs. Collins of Illinois introduced the following bill; which was 
      referred to the Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL

 
 To amend the Truth in Lending Act to require lenders to post current 
  interest rates charged for various categories of loans to consumers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) chapter 3 of 
the Truth in Lending Act (15 U.S.C. 1661 et seq.) is amended by adding 
at the end thereof the following new section:
``Sec. 148. Posting of rates of interest charged for various categories 
              of loans to consumers
    ``(a) A creditor shall post a sign at each place of business where 
he extends credit to consumers which--
            ``(1) shall state in clear and conspicuous language the 
        current rates of interest he charges for each category of loan 
        he makes to consumers;
            ``(2) shall be situated so that it is easily visible to 
        individuals who enter the premises of the creditor; and
            ``(3) complies with regulations prescribed by the Board 
        under this section.
    ``(b) The Board shall prescribe regulations to carry out this 
section.''.
    (b) The table of sections of such chapter is amended by adding at 
the end thereof the following new item:

``148. Posting of rates of interest charged for various categories of 
                            loans to consumers.''.
                                 <all>
```
Statement of Computation of Earnings to Fixed Charges and Preferred Stock
                Dividend Requirements for the three month periods
                     ended March 31, 1998 and March 31, 1997

                                           For the three months ended
                                     March 31, 1998         March 31, 1997
                                     --------------         --------------
Net income                              $22,754                $ 5,610
Interest expense                         15,915                  7,637
                                     --------------         --------------
Earnings before interest                 38,669                 13,247

Interest expense                         15,915                  7,637
Preferred dividends                         875                  4,205
                                     --------------         --------------
Fixed charges                            16,790                 11,842

Earnings to fixed charges
 and preferred stock
 dividend requirements                     2.30                   1.12
                                     ==============         ==============
98-2347.

#### State ex rel. Moore v. Craig.

Cuyahoga App. No. 74728. This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. Upon consideration of appellant’s motion for stay of court of appeals’ judgment,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied.
§ 56.30-15 Expanded or rolled joints. ( a ) Expanded or rolled joints may be used where experience or test has demonstrated that the joint is suitable for the design conditions and where adequate provisions are made to prevent separation of the joint. Specific application for use must be made to the Commandant.
( b ) [Reserved]
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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# District: 8
Federal Reserve Bank of: St. Louis

## Filings received during the week ending October 22, 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

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---

Home Banking information and regulation  Accessibility Contact 
  us
§ 61.40-3 Design verification testing. ( a ) Tests must verify that automated vital systems are designed, constructed, and operate in accordance with all applicable requirements of part 62 of this subchapter. The tests must be based upon the failure analysis, if required by § 62.20-3(b) of this subchapter, functional performance requirements, and the Periodic Safety tests of § 61.40-6.
( b ) Tests must be performed immediately after the installation of the automated equipment or before the issuance of the initial Certificate of Inspection.
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 Transportation Pipeline and Hazardous Materials Safety Administration
 AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT.
 ACTION: List of applications delayed more than 180 days.
 SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.
 FOR FURTHER INFORMATION CONTACT: Ann Mazzullo, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001, (202) 366-4535. Key to “Reason for Delay.” 1. Awaiting additional information from applicant. 2. Extensive public comment under review. 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis. 4. Staff review delayed by other priority issues or volume of special permit applications. Meaning of Application Number Suffixes. N—New application. M—Modification request. X—Renewal. PM—Party to application with modification request. Issued in Washington, DC, on January 18, 2007. Delmer F. Billings, Director, Office of Hazardous Materials Safety, Special Permits & Approvals.
 Application No.
Applicant
Reason for delay
Estimated date of completion**New Special Permit Applications**14277-N
Ascus Technologies, Ltd., Cleveland, OH
3, 4
02-28-200714316-N
VOTG North America, Inc., West Chester, PA
3, 4
04-30-200714314-N
North American Automotive Hazmat Action Committee
1
07-31-200714343-N
Valero St. Charles, Norco, LA
4
02-28-200714337-N
NKCF Co., Ltd., Jisa-Dong, Kangseo-Gu Busan
4
01-31-200714385-N
Kansas City Southern Railway Company, Kansas City, MO
4
02-28-200714398-N
Lyondell Chemical Company, Houston, TX
4
02-28-200714330-N
Chemical & Metal Industries, Inc., Hudson, CO
4
03-31-2007( print page 3194)**Modification to Special Permits**10481-M
M-1 Engineering Limited, Bradford, West Yorkshire
4
03-31-200713598-M
Jadoo, Folsom, CA
4
03-31-200711447-M
SAES Pure Gas, Inc., San Louis Obispo, CA
4
02-28-2007


[FR Doc. 07-289 Filed 1-23-07; 8:45 am] BILLING CODE 4910-60-M
Exhibit 32
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
Regarding Quarterly Report on Form 10-Q
  1.
    
    The Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2008
fully complies with the requirements of section 13(a) or 15(d) of the Securities and
Exchange Act of 1934, as amended, and2.
    
    Information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of the Company.
  /s/ Patrick J. Moty
    
    
    
    /s/ Linda J. MilesPatrick J. Moty
    
    
    
    Linda J. MilesPresident & Chief Executive Officer
    
    
    
    Executive VP & Chief Financial Officer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6377

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BOOKER COUNCIL THOMAS GATTIS, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CR-99-102, CA-00-1135-1) Submitted: July 25, 2002 Decided: July 31, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Booker Council Thomas Gattis, Appellant Pro Se. Angela Hewlett Miller, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Booker Council Thomas Gattis seeks to appeal the district court’s order dismissing his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 2002). Gattis’ case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Gattis that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Gattis failed to object to the magistrate judge’s recommendation. The timely filing of objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Gattis has waived appellate review by failing to file objections after receiving proper notice. We accordingly deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED