alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gove *v.*Watson.

Iii trover, special damages cannot be recovered unless they are laid in the declaration.

The unauthorized use, by an agister, of cattle in bis custody, is a conversion.

If the property converted has been returned to and accepted by the plaintiff, the measure of damages is the difference between its value at the time of the conversion and at the time of its return.

Trover for oxen. Facts found by a referee. The declaration is in common form, and contains no allegation of special damages. June 14, 1877, the plaintiff bought the oxen of the defendant, who, as a part of the trade, agreed to pasture them without charge in a certain field until July 1. Instead of pasturing them in that field, he kept them in another field of inferior quality, and also worked them without the plaintiff’s knowledge or consent, whereby the oxen were diminished in weight and value. June 28, 1877, the plaintiff charged the defendant with having worked the oxen (which the defendant denied), demanded damages of him for the breach of his agreement, and took the cattle away. The plaintiff claims that by reason of the defendant’s misconduct he was obliged to keep the oxen two months after July 1 before they were marketable, and to recover damages (1) for working the oxen, (2) for their shrinkage in weight, (3) for two months’ interest on the *137purchase-money, and (4) for the cost of pasturing the oxen two months. He made no demand upon the defendant except for damages as above stated.

*Copeland*Dodge, for the plaintiff.

*Marston*Eastman, for the defendant.

Carpenter, J.

That the unauthorized use of the oxen by the defendant was a conversion, is not seriously controverted by the defendant, nor can it be. All those somewhat numerous cases wherein it is held that the driving of a horse, hired to go to one place, to another and a different place, is a conversion, are directly in point.

In an action of trover, the value of the property at the time of the conversion (with interest after) is in general the measure of damages. A return and acceptance of the property after conversion, whether before or after suit, go only in mitigation of damages.

Upon general principles of pleading, as well as upon express authority, the plaintiff, in trover, cannot recover special damages which are not laid in his declaration. Whether, therefore, the plaintiff in this case could or could not have recovered any of the items of special damage claimed by him before the referee, if the same had been properly alleged in his declaration, need not be considered. The plaintiff is entitled to judgment for the difference between the value of the oxen at the time of the conversion and their value at the time they were taken by him.

*Judgment for the plaintiff.*

Smith, J., did not sit: the others concurred.
#### KLINGENSTEIN v. NATIONAL UNION FIRE INSURANCE COMPANY.

(198 N. W. 550.)

Opinion filed January 5, 1924.

Rehearing denied April 23, 1924.

Per Curiam.

This case was ai’gued with the case of Bauer v. National U. F. Ins. Co. decided at this term, ante, 1, 198 N. W. 546. The facts in the two cases are substantially identical and the questions raised upon the appeal are the same. For the reasons stated in the opinion in that case, the judgment of the trial court is reversed and a new trial ordered upon the single issue of whether the plaintiff had legal excuse or justification for the delay in rescinding the compromise agreement referred to in the opinion.

Johnson, Birdzell, Christianson, and Nuessle, JJ., and Jansonius, Dist. J., concur.

Mr. Chief Justice Bronson, being disqualified, did not participate Honorable Fred Jansonius, of the Fourth Judicial District, sitting in his stead.
§ 230.61 Arch tubes, water bar tubes, circulators and thermic siphons. ( a ) *Frequency of cleaning.* Each time the boiler is washed, arch tubes and water bar tubes shall thoroughly be cleaned mechanically, washed, and inspected. Circulators and thermic siphons shall thoroughly be cleaned, washed and inspected.
( b ) *Defects.* Arch tubes and water bar tubes found blistered, bulged, or otherwise defective shall be renewed. Circulators and thermic siphons found blistered, bulged or otherwise defective shall be either repaired or renewed.
( c ) *Method of examination.* Arch tubes, water bar tubes and circulators shall be examined using an appropriate NDE method that accurately measures wall thickness at each annual inspection. All arch brick shall be removed for this inspection. If any are found with wall thickness reduced below that required to render them safe and suitable for the service intended at the MAWP specified on the boiler specification FRA Form No. 4, they must be replaced or repaired. (See appendix B of this part.)
j >., ,r .,J r ., _ : *
--. L* , I- ;

_, 1:i ; zj 0; **OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN**  **GROVER**

**SELLERS ATronNEr** 

**GENER*L** Hon. ErnestGuinn county Attorney El Paso-County El Paso, Tems .Dear Sir: Opinion X0. O-7515 Re: Conntitutionality No. 90 of ?he 43r YOur letter of Nommher 18. 1946 OS this department

on the above statAd matte follows:

chasing:

Agent

ourt,s ty of this bil.l.~arises

ditcision

fn Km.er vs. city n by-the Supreme

Cburt, reportedin and similardecieione holdingacts officesin a limited bracke$un- '\ After careful consideration we have concluded

that tMs Act-is a local end speciallaw violating the provisions of Article III Section 56 ,oS the Constitution

oS.Texas and is ,therefore un&titutio& and void. Article XXI, Section56, of the Texas Constitution,

providesas follows:

_. -Hon. Smeat Cuinn - Page 2

eleetifm

or schooldiotricte;
. , . l It Xt is manifest

ttit. the law m&r consideration re,Yulr&es the s.ff&.nof the countyto which it m$ies, wwteo sz oS^pIce, md prescribes

the p3xmpL4

r?nd dxtl.es of mlch 0Sficers. It **fApJ.J,pliRR OI-&y**  to coilnties ir: this State kvvlzq a popv-lstfon OS rme thzn Due I-kmdred l'hammnd~(1OE),CW)

inhhsb%tmts

and less tbsn One Ihmdred Fifty Tlmusand &iO,OOO)~inhab5ftants and conteIn3.ng

one city OS One Hunrhwd 'i'houmnd

(lOc),UN)

inhsbitonts

as ehownby the latestFsderslSew-&s.

3% io atatdi in our opinion No. o-22x0*

. . l!on.

ErnestGuim - Page 3

**‘ IhQ**  **::.ct creates**  the officeof purchasiw a~m^i. and rescribes

the rmier;j

md dut%csof E the ofliccr holdingsuch office. population

affordsi:

gound for crefiting the officeof cou:lty p~&~d~ agent2 it nust be upon one of two theories: 11) the mailer the poptiation of the county,the pvater the nee~cl 0T such bffice, (2) the gsntcr th.l~ population

of the CO'UR~;Y, the g~e~tor theneed of such an office. The bracket 'is from Gnc !Iundrcd

Thous-. **and. to**  **0x10 Hundrse~**  Fi3.y Thousand (Z~O,OOO).Upon the first theory, the. ILM ia arbitrary

ziid dis&i?&mtory becauseit excludes comities below One ltundred

Thouscnci

(lOO,Otx,)

which wx~ldhave& :;rcat;cr ked then counties

in the bracket. Upon the sccortd theory,the 3.z~

ir, likewisearbitrary

md discrinirnstory

in thet it does not exbrzcc countiesfx~i~ a greater pop3.atj.o~

thm One Hmd:ec!Fifty fhousmd (15O,irOO),

which counties

w01CLd have a g-rector

need for z purchcsint-; azcnt than the co~mtico -&thin the brackets. In timi of the foregoing authorities,

it is ow opinion that 2. E. 30 of the 43x-d Legislature

clccsly violatesthe provision of Ia-ticlo 111, Sectior? 56, of the Stste COllStitUtiOll Nld is therefore um~nstitutional2nd Void.

Furtherin this connectionC I call. pour attention.

to the
. fact that the City oA c 21 Paso, accoruing to tm 19&O Federzl Census< h&c popu&tAon of~i:inety-Six %hcusand2ight !kkdrodmd Ten. (96,tlO). If the City of El P.1260 has not liad

a succaedi~ Pederti Census since 3.940, than ST. Paso uould not be governed bg thks Article. Very tn.&yyours
```

[Journal of the House of Representatives, 1995]
[Wednesday, September 6, 1995 (110), Para 110.11 After Recess--4:00 P.M.]
[Page 1302]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.110.11  after recess--4:00 p.m.

  The SPEAKER pro tempore, Mr. HASTINGS of Washington, called the House 
to order.
```
# EUR-Lex - 52004AP0008(01) - EN

Important legal notice

*|*

# 52004AP0008(01)

**European Parliament legislative resolution on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005 (COM(2004)0183 — C5-0189/2004 — 2004/0058(CNS)) **

*
Official Journal 140 E , 09/06/2005 P. 0103 - 0104 *

P6_TA(2004)0008

EU-Cape Verde fishing agreement *

European Parliament legislative resolution on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005 (COM(2004) 0183 — C5-0189/2004 — 2004/0058(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the proposal for a Council regulation (COM(2004) 0183) [1],

- having regard to Article 37 and Article 300(2) of the EC Treaty,

- having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0189/2004),

- having regard to Rules 51 and 83(7) of its Rules of Procedure,

- having regard to the report of the Committee on Fisheries (A6-0003/2004),

1. Approves the proposal for a Council regulation as amended and approves conclusion of the agreement;

2. Instructs its President to forward its position to the Council and Commission and to the governments and parliaments of the Member States and the Republic of Cape Verde.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Article 3a (new)

| Article 3a Before the extension of this Protocol expires and before any agreement on the renewal thereof is concluded, the Commission shall submit to the European Parliament and the Council a report on the implementation of the Protocol (including an analysis of the use made of the funds earmarked for the targeted measures), in order to enable the social, economic and environmental impact of the Protocol to be studied. |

Amendment 2

Article 3b (new)

| Article 3b On the basis of the above report and bearing in mind the European Parliament's opinion on the matter, the Council shall authorise the Commission if appropriate to initiate negotiations with a view to concluding a new Protocol. |

Amendment 3

Article 3c (new)

| Article 3c Should the Cape Verde authorities so request, the Commission shall consider the possibility of transferring amounts which are currently included under "targeted measures" to Commission-financed projects which serve the same purpose as the targeted-measures projects. |

[1] Not yet published in the OJ.

--------------------------------------------------
§ 230.39 Broken staybolts. ( a ) *Maximum allowable number of broken staybolts.* No boiler shall be allowed to remain in service with two broken staybolts located within 24 inches of each other, as measured inside the firebox or combustion chamber on a straight line. No boiler shall be allowed to remain in service with more than 4 broken staybolts inside the entire firebox and combustion chamber, combined.
( b ) *Staybolt replacement.* Broken staybolts must be replaced during the 31 service day inspection, if detected at that time. Broken staybolts detected in between 31 service day inspections must be replaced no later than 30 calendar days from the time of detection. When staybolts 8 inches or less in length are replaced, they shall be replaced with bolts that have telltale holes 3 ⁄ 16 inch to 7 ⁄ 32 inch in diameter and at least 11 ⁄ 4 inches deep at each end, or that have telltale holes 3 ⁄ 16 inch to 7 ⁄ 32 inch in diameter their entire length. At the time of replacement of broken staybolts, adjacent staybolts shall be inspected.
( c ) *Assessment of broken staybolts.* Telltale holes leaking, plugged, or missing shall be counted as broken staybolts.
( d ) *Prohibited methods of closing telltale holes.* Welding, forging, or riveting broken staybolt ends is prohibited as a method of closing telltale holes.
|EXHIBIT 23.2

Independent Auditors' Consent


The Board of Directors of
Vermont Electric Power Company, Inc. and Subsidiary:

We consent to the use of our report dated March 27, 2007 included herein with respect to the consolidated balance sheets of Vermont Electric Power Company, Inc. and subsidiary as of December 31, 2006 and 2005, and the related consolidated statements of income, stockholders' equity, and cash flows for the years ended December 31, 2006 and 2005 appearing in the December 31, 2006 Annual Report on Form 10-K/A of Central Vermont Public Service Corporation.


/s/ KPMG LLP

Burlington, Vermont
March 29, 2007
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|EXHIBIT 12.1
Central Vermont Public Service Corporation
Computation of Ratio of Earnings to Fixed Charges
For the Years Ended December 31
|-----------------------------------------------------------------------------------------------------------------------------------------





|(dollars in thousands)                           | 2005(a) | 2004(a) | 2003(a)  | 2002(b)  | 2001   
|------------------------------------------------ | ------- | ------- | -------- | -------- | -------
|Earnings, as defined - S-K 503(d):               |         |         |          |          |        
|Pre-tax income from continuing operations        | $(672)  | $9,561  | $27,279  | $28,505  | $7,970 
|Plus:  distributed income                        | 1,938   | 1,229   | 2,441    | 14,679   | 7,409  
|Less:  equity in earnings                        | (1,869) | (1,225) | (1,801)  | (15,512) | (8,747)
|Less:  interest capitalized                      | (79)    | (76)    | (87)     | (41)     | (67)   
|Less:  preference security dividends, as defined | (624)   | (624)   | (2,031)  | (2,547)  | (2,827)
|Plus:  fixed charges, as below                   | 11,161  | 12,090  | 14,314   | 16,638   | 18,148 
|Total Earnings, as defined                       | $9,855  | $20,955 | $40,115  | $41,722  | $21,886
|                                                 |         |         |          |          |        
|Fixed charges, as defined:                       |         |         |          |          |        
|Interest on debt                                 | $9,519  | $10,397 | $ 11,150 | $13,021  | $14,089
|Imputed interest in rental charges               | 1,018   | 1,069   | 1,133    | 1,070    | 1,232  
|Preferred dividends, as defined                  | 624     | 624     | 2,031    | 2,547    | 2,827  
|Total fixed charges, as defined                  | $11,161 | $12,090 | $14,314  | $16,638  | $18,148
|                                                 |         |         |          |          |        
|Ratio of Earnings to Fixed Charges               | 0.88    | 1.73    | 2.80     | 2.51     | 1.21   

| | (a) Reflects Catamount Energy Corporation as discontinued operations.
(b) Reflects correction of an error that resulted in a $0.8 million reduction in Income from continuing
     operations, and correction of errors that impacted the Consolidated Balance Sheets and 
     Consolidated Statements of Cash Flows.  See Note 16 - Restatement.
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 32.1



CERTIFICATION



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(18 U.S.C. 1350)



Pursuant to Section 906 of the Sarbanes-Oxley Act of (18 U.S.C. 1350), the undersigned officer of BioVest International, Inc., a Delaware corporation (the Company), does hereby certify, to the best of such officers
knowledge and belief, that:



(1) The Quarterly Report on Form
10-QSB for the quarter ended March 31, 2005 (the Form 10-QSB) of the Company 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 Form 10-QSB fairly presents, in all
materials respects, the financial condition and results of operations of the Company.



|                   |  |                                                         
|------------------ |  | --------------------------------------------------------
|Date: May 20, 2005 |  | /s/ Dr. Steven Arikian                                  
|                   |  | Dr. Steven Arikian, Chairman and Chief Executive
Officer



This certification
shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act, or otherwise subject to the liability of that section. Such certification will not be deemed to be incorporated by reference into any filing under the
Securities Act or the Securities Exchange Act.
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 August 4, 2012

----

Testimony and Statements            Tri-Party Repo Market -- statement by Matthew J. Eichner, deputy director, Division of Research and Statistics, before a subcommittee of the Senate Committee on Banking, Housing, and Urban Affairs regarding the tri-party repo market.            -Published, August 2, 2012            Bank Holding Companies            BB&T Corporation, Winston-Salem, North Carolina -- to acquire BankAtlantic, Fort Lauderdale, Florida, a federal savings bank.            -Approved, July 30, 2012            Forms            Forms -- final Board review to extend without revision the Report of Transaction Accounts, Other Deposits and Vault Cash (FR 2900), Annual Report of Deposits and Reservable Liabilities (FR 2910a), Report of Foreign (Non-U.S.) Currency Deposits (FR 2915), Allocation of Low Reserve Tranche and Reservable Liabilities Exemption (FR 2930), Supervisory and Regulatory Survey (FR 3052), and Consumer Financial Stability Surveys (FR 3053).            -Approved, July 29, 2012            Regulations and Policies            Foreclosure Review -- interagency extension of the deadline for borrowers to request a free foreclosure review to December 31, 2012.            -Announced, August 2, 2012            
Release dates |     Full version (300 KB PDF)Board Actions |     Actions under delegated authority    Applications and reports received:
-----Original Message----- 

From: ann@anncartier.com [mailto:ann@anncartier.com] 

Sent: Sunday, April 25, 2010 11:07 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Ann Cartier 

1906 Rock #0 

Mountain View, CA 94043
EXHIBIT 21

CLECO CORPORATION
SUBSIDIARIES OF THE REGISTRANT
AS OF DECEMBER 31, 2001

|Subsidiaries of Registrant or Organization | State of Incorporation
|------------------------------------------ | ----------------------
|                                           |                       
|Cleco Power LLC                            | Louisiana             
|CLE Resources, Inc.                        | Delaware              
|Cleco Support Group LLC                    | Louisiana             
|Cleco Midstream Resources LLC              | Louisiana             
|Acadia Power Holdings LLC                  | Louisiana             
|Acadia Power Partners, LLC                 | Delaware              
|Perryville Energy Partners, LLC            | Delaware              
|Perryville Energy Holdings LLC             | Louisiana             
|Cleco Generation Services LLC              | Louisiana             
|Cleco Marketing & Trading LLC              | Louisiana             
|Cleco Evangeline LLC                       | Louisiana             
|Cleco Energy LLC                           | Texas                 

The names of particular subsidiaries have been omitted.
```

[House Report 112-707]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-707

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE CONFERENCE REPORT TO ACCOMPANY THE 
 BILL (H.R. 4310) TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2013 FOR 
    MILITARY ACTIVITIES OF THE DEPARTMENT OF DEFENSE, FOR MILITARY 
 CONSTRUCTION, AND FOR DEFENSE ACTIVITIES OF THE DEPARTMENT OF ENERGY, 
TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR 
                             OTHER PURPOSES

                                _______
                                

 December 19, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 840]

    The Committee on Rules, having had under consideration 
House Resolution 840, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of the conference 
report to accompany H.R. 4310, the National Defense 
Authorization Act for Fiscal Year 2013. The resolution waives 
all points of order against the conference report and against 
its consideration. The resolution provides that the conference 
report shall be considered as read. Finally, the resolution 
provides that the previous question shall be considered as 
ordered without intervening motion except one hour of debate 
and one motion to recommit if applicable.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the conference 
report and its consideration includes a waiver of clause 9 of 
rule XXII, which prohibits the inclusion of matter in a 
conference report not committed to the conference by either 
House, and section 306 of the Congressional Budget Act, which 
prohibits consideration of legislation within the jurisdiction 
of the Committee on the Budget unless reported by the Committee 
on the Budget.

                                  

```