alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Adelbert D. Cronk, Respondent, *v.*Harriet E. Fiss, as Administratrix of the Estate of William Fiss, Deceased, Appellant, and Margaret I. Crandall, Individually and as Surviving Partner of the Firm of Crandall *&*Company, Respondent, Impleaded with Others.

*Cronk*v. *Fiss,*137 App. Div. 440, appeal dismissed.

(Argued May 31, 1910;

decided June 7, 1910.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 23, 1910, modifying and affirming as modified a judgment in favor of respondents herein entered upon the report of a referee in an action for an accounting.

The motion was made upon the grounds that the Appellate Division had unanimously decided that the findings of fact were supported by the evidence; that permission to appeal had not been obtained; that no questions of law were presented for review, and that the exceptions were frivolous.

*Irving W. Cole*and *Frederick Heller*for motion.

*August Becker*opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.
#### Kilpatrick Brothers Company, appellant, v. Frenchman Valley Irrigation District, appellee.

Filed April 14, 1917.

No. 19397.

Waters: Irrigation: Adverse User. During the time a prior appropriator carrying water for hire to landowners is properly engaged in developing its right, the use of water hy an upper proprietor under a subsequent appropriation is not adverse, where it does not deprive the prior appropriator of the use of water when actually needed.

Appeal from the district court for Chase county: Ernest B. Perry, Judge.

*Affirmed.*

*Charles W. Meeker*and *Hazlett & Jack,*for appellant.

*C. E. Eldred*and *John E. Cordeal, contra.*

Rose, J.

Plaintiff brought this suit in equity in the district court for Chase county to determine priority of rights to the use of waters of the Frenchman river for irrigation. According to an adjudication by the state board of irrigation, defendant’s predecessor, the Culbertson Irrigating & Water Power Company acquired, May 16, 1890, an appropriation of 215 cubic feet of water a second. Plaintiff is an upper proprietor, and its adjudicated appropriation, 64.86 cubic feet of water a second, dates from December 23, 1890. •These appropriations as thus originally.established are not in dispute, but it is asserted that, by prescription or adverse user for the statutory period of ten years, defendant lost and plaintiff acquired all Of the prior appropriation in excess of 50 cubic feet of water a second. On the contrary, it is insisted that plaintiff’s use of water to which defendant was entitled under its adjudication was not adverse and that the proofs are insufficient to entitle plaintiff to relief in equity. The trial court found the issue in favor of defendant and dismissed the suit. Plaintiff has appealed.

*156On appeal a careful examination of the evidence leads *to*the conclusion reached by the trial court. The elements essential to prescription or adverse user for the statutory period of ten years are not established by the proofs. In many respects defendant’s irrigating enterprise was a growth in a new country. Its irrigating system was established principally for the purpose of carrying water for hire to the lands of others. The benefits of irrigation were not fully understood by all owners of lands along defendant’s canals. It required time to procure irrigating contracts for all available water. The right to the appropriation continued as a developing right. *Enterprise Irrigation District v. Tri-State Land Co.,*92 Neb. 121. Under such circumstances plaintiff’s diversion of water which could not be beneficially used by defendant was not adverse. When the conditions and circumstances outlined are considered, the proofs do not show that plaintiff’s use was adverse as distinguished from permissive. *Maranville Ditch Co. v. Kilpatrick Bros. Co.,*100 Neb. 371; *Ison v. Sturgill,*57 Or. 109. Relief on the ground of adverse user was therefore properly denied.

Affirmed.

Cornish, J., not sitting.
§ 95.50-80 Location and number of fire extinguishers required for vessels constructed prior to August 22, 2016. ( a ) Vessels contracted for prior to August 22, 2016 must meet the following requirements: ( 1 ) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 95.50-10(a) of this subpart need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection.
( 2 ) All new equipment and installations must meet the applicable requirements in this subpart for new vessels.
( b ) [Reserved]
[USCG-2012-0196, 81 FR 48265, July 22, 2016]
§ 92.01-10 Structural standards. ( a ) In general, compliance with the standards established by the American Bureau of Shipping, see subpart 90.35 of this subchapter, will be considered as satisfactory evidence of the structural efficiency of the vessel. However, in special cases, a detailed analysis of the entire structure or some integral part may be made by the Coast Guard to determine the structural requirements.
98-1672.

#### Bowersock v. Bowersock.

Allen App. No. 1-98-10. Reported at 84 Ohio St.3d 1408, 701 N.E.2d 1018. On motion for reconsideration. Motion denied.
<PAGE>
 
                                                                      Exhibit 11

                    COMPUTATION OF NET LOSS PER COMMON SHARE

                                MGI PHARMA, INC.

                                  (unaudited)

The following information is required in computations of primary and fully
diluted loss per common share for each period:

<TABLE>
<CAPTION>
                              Three Months Ended           Six Months Ended
                                   June 30,                    June 30,
                          --------------------------  --------------------------
                              1997          1996          1997          1996
                          ------------  ------------  ------------  ------------
<S>                       <C>           <C>           <C>           <C>
 
Loss:
  Net loss                $  (822,780)  $(1,254,865)  $(1,358,583)  $(2,058,372)
 
Common shares:
  Adjusted weighted
    shares
      outstanding (a)      14,099,459    12,796,218    14,094,447    12,790,237
 
Loss per common share:
  Net loss                $     (0.06)  $     (0.10)  $     (0.10)  $     (0.16)
</TABLE>

(a) Net loss per common share shown on the face of the statements of operations
is the equivalent of a simple capital structure presentation since it excludes
common stock equivalents as their effect is antidilutive. There are no pro forma
fully diluted share outstanding adjustments, so primary and fully diluted share
amounts are identical.
```

[Journal of the House of Representatives, 1995]
[Tuesday, May 16, 1995 (67), Para 67.16 Recorded Vote]
[Page 708]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.67.16  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. GILCHREST:

       Page 243, strike line 9 and all that follows through line 7 
     on page 249 and insert the following:
       ``(c) Wetlands Classification.--The Secretary shall issue 
     regulations for the classification of wetlands to the extent 
     practicable based on the best available science. Requirements 
     of this title based on the classification of wetlands as type 
     A, type B, or type C wetlands shall not become effective 
     until regulations are issued under this subsection.
       Page 282, line 11, strike ``subparagraphs (B) and (C)'' and 
     insert ``subparagraph (B)''.
       Page 282, strike line 12 and all that follows through line 
     22 on page 283.
       Page 283, strike line 23 and all that follows through 
     ``any'' on line 25 and insert the following:
       ``(B) Normal circumstances.--Any
       Page 311, line 17, strike ``section,'' and insert ``section 
     and''.
       Page 311, lines 18 through 20, strike ``, and no exception 
     shall be available under subsection (g)(1)(B),''.

It was decided in the

Yeas

180

negative

Nays

247
```
#### § 1103.2 Attorneys-at-law—qualifications and requirements to practice before the Board.

Any person who is a member in good standing of the bar of the highest court of any State, Commonwealth, possession, territory, or the District of Columbia may represent persons before the Board.
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

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel, NIH Tetramer Facility.                    

*Date:*                         August 1, 2007.                    

*Time:*                         1 p.m. to 4 p.m.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         National Institutes of Health, Rockledge 6700, 6700B Rockledge Drive, Bethesda, MD 20817.                    

*Contact Person:*                         Alex Ritchie, PhD, Scientific Review Administrator, DHHS/NIH/NIAID/DEA Scientific Review Program, 6700B Rockledge Drive MSC 7616, Room 3123, Bethesda, MD 20892, 301-496-2550,                         *aritchie@niaid.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology And Infectious Diseases Research, National Institutes of Health, HHS)

Dated: July 13, 2007.

Jennifer Spaeth, 

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-3522 Filed 7-19-07; 8:45 am]

BILLING CODE 4140-01-M
#### § 178.345 General design and construction requirements applicable to Specification DOT 406 (§ 178.346), DOT 407 (§ 178.347), and DOT 412 (§ 178.348) cargo tank motor vehicles.
#### § 90.10-13 Great Lakes.

Under this designation shall be included all vessels navigating the Great Lakes.
```

[107th Congress Public Law 15]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ015.107]

Public Law 107-15
107th Congress

                                 An Act

 
   To amend the Taxpayer Relief Act of 1997 to provide for consistent 
treatment of survivor benefits for public safety officers killed in the 
          line of duty. <<NOTE: June 5, 2001 -  [H.R. 1727]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Fallen Hero Survivor 
Benefit Fairness Act of 2001. 26 USC 1 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fallen Hero Survivor Benefit Fairness 
Act of 2001''.

SEC. 2. CONSISTENT TREATMENT OF SURVIVOR BENEFITS FOR PUBLIC SAFETY 
            OFFICERS KILLED IN THE LINE OF DUTY.

    Subsection (b) of section 1528 of the Taxpayer Relief Act of 1997 
(Public Law 105-34) <<NOTE: 26 USC 101 note.>> is amended by striking 
the period and inserting ``, and to amounts received in taxable years 
beginning after December 31, 2001, with respect to individuals dying on 
or before December 31, 1996.''.

    Approved June 5, 2001.

LEGISLATIVE HISTORY--H.R. 1727:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-65 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 147 (2001):
            May 15, considered and passed House.
            May 22, considered and passed Senate.

                                  <all>
```
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
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Philadelphia
 |
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

# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending July 28, 2012

|Filer                             | Filing Type    | Filing Proposal                                                                                                                                                                                                                                                | End of Comment Period                              
|--------------------------------- | -------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------
|MAHAM BETEILIGUNGSGESELLSCHAFT AG | CIC            | Notice by Muhammad Habib, Hamza Habib, Fazilat Jumani, and Khadijah Jumani to retain a controlling interest in Maham Beteiligungsgessellschaft AG, Zurich, Switzerland, and thereby indirectly retain control of Habib American Bank, New York, New York.      | Newspaper:08/06/2012Federal Register:08/14/2012    
|Newspaper:                        | 08/06/2012    
|Federal Register:                 | 08/14/2012    
|WESTPAC BANKING CORPORATION       | 4c8            | Westpac Banking Corporation, Sydney, Australia, to engage de novo through Westpac Capital Markets LLC, New York, New York in securities brokerage and riskless principal transactions, pursuant to Sections 225.28(b)(7)(i) and 225.28(b)(ii) of Regulation Y. | Newspaper:Not applicableFederal Register:08/15/2012
|Newspaper:                        | Not applicable
|Federal Register:                 | 08/15/2012    

## 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
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00510-CV

EX PARTE Mark VILLARREAL

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2014-CI-04491

Honorable Michael E. Mery, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: January 21, 2015

AFFIRMED IN PART; REVERSED AND REMANDED IN PART

Mark Villarreal appeals the trial court’s order denying his petition for expunction. 

Currently before us is a joint motion filed by Villarreal and the Texas Department of Public Safety

requesting that we (1) affirm the trial court’s judgment as it pertains to the arrest on October 6, 

2007 for Possession of Marijuana; (2) reverse the portion of the judgment denying an expunction 

of the arrest on August 7, 2008 for Theft of Property; and (3) render judgment granting an 

expunction of the August 7, 2008 arrest records. We do not have the authority to make the 

requested findings in this matter. See Tex. Dep’t of Pub. Safety v. Trautmann, No. 04-96-00786, 

1996 WL 721950, at *1 (Tex. App.—San Antonio Dec. 11, 1996, no writ) (not designated for 

publication). Accordingly, we grant the motion in part, affirm the order denying the petition for 

expunction as it pertains to the October 6, 2007 arrest, reverse the order of expunction as it relates 
04-14-00510-CV

to the August 7, 2008 arrest, and remand the case to the trial court for further proceedings. See

TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). Costs of the appeal are taxed against Villarreal. See TEX.

R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the 

appellant.”).

PER CURIAM

- 2 -
Release dates | 
    Full version (25 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

# Actions under delegated authority

## Actions taken during the week ending March 13, 2010

---





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## 

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## Change in Bank Control

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    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

---

Home Banking information and regulation  Accessibility Contact us
Exhibit 31.2

Certification of Chief Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, John W. McCarty, certify that: 

1.) I have reviewed this annual report on Form 10-K of LabOne, Inc.; 

2.) Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3.) Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4.) The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have: 

a.) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared; 

b.) evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

c.) disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting;

5.) The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors; 

a.) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and 

b.) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting. 

 

Date: March 12, 2004

By  /s/ *John W. McCarty*
John W. McCarty, Executive V.P. and Chief
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S QUARTERLY REPORT TO STOCKHOLDERS FOR THE QUARTER ENDED 
DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           5,475
<SECURITIES>                                         0
<RECEIVABLES>                                    3,611
<ALLOWANCES>                                       181
<INVENTORY>                                        175
<CURRENT-ASSETS>                                 9,161
<PP&E>                                           8,536
<DEPRECIATION>                                 (4,497)
<TOTAL-ASSETS>                                  24,996
<CURRENT-LIABILITIES>                            2,434
<BONDS>                                            530
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            47
<OTHER-SE>                                      21,552
<TOTAL-LIABILITY-AND-EQUITY>                    24,996
<SALES>                                         10,314
<TOTAL-REVENUES>                                10,314
<CGS>                                            5,981
<TOTAL-COSTS>                                    9,514
<OTHER-EXPENSES>                                    33
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  74
<INCOME-PRETAX>                                  1,113
<INCOME-TAX>                                       (4)
<INCOME-CONTINUING>                              1,117
<DISCONTINUED>                                   (320)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,689
<EPS-PRIMARY>                                     1.32
<EPS-DILUTED>                                     1.23
        

</TABLE>