alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[No. 2091.]

#### Mattice et al. as Trustees of the Pueblo Water Works v. Wilcoxon.

Practice — Appeals from County to District Court — Trial De Novo —Res Judicata.

Where a cause is appealed from the county court to the district court, the trial in the district court is de novo. Where a plaintiff sued in county court on two counts and was nonsuited as to one and recovered judgment on the other, and defendant appealed to the district court, the judgment of the county court is. not res judicata as to the count nonsuited, and plaintiff is entitled to a new trial upon both counts.

*161
      *Appeal from the District Court of Pueblo County.*

Mr. A. W. Lennard, for appellants.

Mr. Jno. E. Dixon, for appellee.

Gunter, J.

Appellee sued in the county court, his complaint stating two causes of action. Upon trial he was non-suited on the first, recovering judgment on the second. An appeal was by present appellants to the district court; there a retrial on both causes of action resulted in a judgment against appellants on the first cause of action and a judgment in- their favor on the second.

Appellants objected in the district court to a retrial of the first cause of action, contending that the judgment in the county court nonsuiting apjiellee on such cause of action was *res adjuclicata.*

This is the contention here: The case instituted in the county court and tried here, consisted of two causes of action; this was appealed to the district court. The procedure on appeal was controlled by Mills’ Ann. Stats., vol. 1, see. 1089, reading as follows: “In all appeals provided for in the foregoing section, the proceedings in the appellate court shall be, in all respects, *de novo.*Said appellate court shall consider and pass upon all objections to the pleadings and proceedings in the said cause, which may have been made in the county court, and make such orders, and render such judgments or decrees as shall be meet and proper, in the same manner as though such cause had been originally'begun in said district court; and the defendant, where judgment has been rendered by default, shall have a right to plead any and all defenses which he might have pleaded had the cause been originally brought in the district court. All such causes shall be conducted in the same mañuelas if originally brought in the district court. ’ ’

*162The *court*—Tabor *v. Miles,*5 Colo. App. 128, 38 Pac. 64—in ruling upon this statute, says: “The statute is clear and explicit; no construction is necessary. The language is ‘shall be in all respects *de novo/*All proceedings of the court below are vacated, held for naught. Such being the case, nothing was *res adjudicata,** * * . There was nothing that could be pleaded of proceedings there had that would conclude either party. ’ ’

The appeal to the district court entitled appellee herein to a retrial of the case heard by the county court.

As the case heard by the county court was upon the two causes of action, the district court ruled correctly in permitting a retrial upon the two causes of action on appeal. Its judgment is affirmed.

*Affirmed.*
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of
Duke Energy Ohio, Inc. (Duke Energy Ohio) on Form 10-K for the period ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James E. Rogers, Chief Executive
Officer of Duke Energy Ohio, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------

| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Duke Energy Ohio.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



Date: March 13, 2009



/S/    JAMES E.
ROGERSJames E. Rogers Chief Executive
Officer
Exhibit 99.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                            SOUTH JERSEY GAS COMPANY
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of South Jersey Gas Company (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
A. Kindlick, Executive Vice President & Chief Financial Officer of the Company,
certify to the best of my knowledge, pursuant to 18 U.S.C. section 1350, as
adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.





/s/ David A. Kindlick


David A. Kindlick
Executive Vice President & Chief Financial Officer
August 13, 2002
[Federal Register Volume 72, Number 183 (Friday, September 21, 2007)]
[Notices]
[Page 54047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4669]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Research Resources; Notice of Closed Meetings

    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 
meetings.
    The meetings 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 grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Research Resources 
Special Emphasis Panel, Florida International University Site Visit.
    Date: October 18-19, 2007.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Park Plaza Hotel, 415 North Monroe Street, Tallahassee, 
FL 32301.
    Contact Person: Guo Zhang, PhD, MD, Scientific Review 
Administrator, National Center for Research Resources, or National 
Institutes of Health, 6701 Democracy Boulevard, 1 Democracy Plaza, 
Room 1064, MSC 4874, Bethesda, MD 20892-4874, 301-435-0812, 
<a href="/cdn-cgi/l/email-protection#7b01131a151c1c0e3b161a121755151213551c140d"><span class="__cf_email__" data-cfemail="c4beaca5aaa3a3b184a9a5ada8eaaaadaceaa3abb2">[email protected]</span></a>.

    Name of Committee: National Center for Research Resources 
Special Emphasis Panel, Tulane NPRC.
    Date: October 29-31, 2007.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Wyndham New Orleans, 100 Rue Iberville, New Orleans, LA 
70130.
    Contact Person: Carol Lambert, PhD, Scientific Review 
Administrator, Office of Review, National Center for Research 
Resources, National Institutes of Health, 6701 Democracy Blvd., 1 
Dem. Plaza, Room 1076, Bethesda, MD 20892, 301-435-0814, 
<a href="/cdn-cgi/l/email-protection#315d505c53544345715c50585d1f5f58591f565e47"><span class="__cf_email__" data-cfemail="44282529262136300429252d286a2a2d2c6a232b32">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical 
Technology; 93.389, Research Infrastructure, 93.306, 93.333, 
National Institutes of Health, HHS)

    Dated: September 14, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-4669 Filed 9-20-07; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
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<PAGE>

                                                                   Exhibit 99(a)


              Certification Pursuant to Section 1350 of Chapter 63
                      Of Title 18 of the United States Code


I, E. Linn Draper, Jr., the chief executive officer of

                      American Electric Power Company, Inc.
                             AEP Generating Company
                            AEP Texas Central Company
                             AEP Texas North Company
                            Appalachian Power Company
                         Columbus Southern Power Company
                         Indiana Michigan Power Company
                             Kentucky Power Company
                               Ohio Power Company
                       Public Service Company of Oklahoma
                       Southwestern Electric Power Company

(the "Companies"),  certify that (i) the Annual Reports of the Companies on Form
10-K for the year ended December 31, 2002 (the "Reports")  fully comply with the
requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
and (ii) the  information  contained  in the  Reports  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Companies.

/s/ E. Linn Draper, Jr.

E. Linn Draper, Jr.

March 20, 2003
# U.S. Embassy Provides OMON Training Facility Improvements in the Value of $745,000

/ Published March 2, 2022
Dushanbe, Tajikistan, February 22, 2022, 

                United States Ambassador John Mark Pommersheim and Deputy Minister of Internal Affairs, Major General of militia Rahmonzoda Saidnakhsh Hakim attended the handover ceremony of a $745,543 construction project for the OMON. (U.S. Embassy Dushanbe courtesy photo)            

                U.S. Embassy Provides OMON Training Facility Improvements            

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Photo By: Tom Gagnier

VIRIN: 220222-D-D0477-002
IV 

107TH CONGRESS 

2D SESSION H. RES. 537

Expressing the sense of the House of Representatives that the President 

of the United States should establish a nonpartisan Presidential Commission on Terrorist Attacks Upon the United States. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2002

Mr. SHAYS (for himself and Mrs. MCCARTHY of New York) submitted the following resolution; which was referred to the Committee on Government 

Reform 

RESOLUTION

Expressing the sense of the House of Representatives that 

the President of the United States should establish a 

nonpartisan Presidential Commission on Terrorist Attacks Upon the United States.

Whereas on September 11, 2001, the United States suffered 

the most devastating terrorist attacks in its history; 

Whereas the terrorist attacks on the World Trade Center and 

the Pentagon, and the crash of United Airlines Flight 93, 

resulted in the senseless deaths of nearly 3,000 individuals; 

Whereas all Americans, but particularly the families of the 

many victims, need to better understand the causes relating to the terrorist attacks of September 11, 2001; and 
2

•HRES 537 IH 

Whereas a full investigation of the September 11, 2001, terrorist attacks is necessary to effectively prevent future 

terrorist attacks: Now, therefore, be it

1 Resolved, That the House of Representatives urges 

2 the President of the United States to establish a non3 partisan Presidential Commission on Terrorist Attacks 

4 Upon the United States to— 

5 (1) examine and report upon the facts and 

6 causes relating to the terrorist attacks of September 

7 11, 2001; 

8 (2) ascertain, evaluate, and report on the evi9 dence developed by all relevant governmental agen10 cies regarding the facts and circumstances sur11 rounding the attacks; 

12 (3) make a full and complete accounting of the 

13 circumstances surrounding the attacks, and the ex14 tent of the United States’ preparedness for, and re15 sponse to, the attacks; and 

16 (4) investigate and report to the President and 

17 the Congress on its findings, conclusions, and rec18 ommendations for corrective measures that can be 

19 taken to prevent acts of terrorism.

Æ
From: DAVIDSALA@comcast.net [mailto:DAVIDSALA@comcast.net] 

Sent: Monday, February 01, 2010 3:41 PM 

To: EBSA, E-ORI - EBSA 

Subject: RIN 1210-AB33

NO. I do not want my 401-K annuitized. I'll take my chances on my own. 

Do you not realize the government, in any form, is no longer trusted in this 

country? 

Come down from your ivory towers, and talk to a few of us in the trenches.
§ 831.9 Authority during investigations. ( a ) *General authority of investigators.* To carry out the statutory responsibilities of the agency, an NTSB investigator may— ( 1 ) Conduct hearings;
( 2 ) Administer oaths;
( 3 ) Require, by subpoena or otherwise, the production of evidence and witnesses;
( 4 ) Enter any property where an accident subject to the NTSB's jurisdiction has occurred, or wreckage from any such accident is located, and take all actions necessary to conduct a complete investigation of the accident;
( 5 ) Inspect, photograph, or copy any records or information (including medical records pursuant to paragraph (b)(2) of this section), and correspondence regardless of the date of their creation or modification, for the purpose of investigating an accident;
( 6 ) Take possession of wreckage, records or other information if it determines such possession is necessary for an investigation; and
( 7 ) Question any person having knowledge relevant to a transportation accident.
( b ) *Subpoenas.* The NTSB may issue a subpoena, enforceable in Federal District Court, to obtain testimony or evidence related to an accident, including but not limited to personal electronic devices. ( 1 ) The NTSB's authority to issue subpoenas includes access to medical records and specimens.
( 2 ) For purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, and the regulations promulgated by the DHHS, 45 CFR 164.501 *et seq.,* the NTSB is a “public health authority” to which protected health information may be disclosed by a HIPAA “covered entity” without the prior written authorization of the subject of the records. In addition, the NTSB may issue a subpoena to gain access to such information.
( c ) *Examination of evidence.* In accordance with 49 U.S.C. 1134(d), the NTSB has exclusive authority to decide timing, manner and method of testing and examination of evidence, and extraction of data.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 456 Introduced in House (IH)]

107th CONGRESS
  2d Session
H. RES. 456

   Providing for consideration of the bill (H.R. 3884) to amend the 
Internal Revenue Code of 1986 to prevent corporations from avoiding the 
   United States income tax by reincorporating in a foreign country.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2002

 Mr. Maloney of Connecticut submitted the following resolution; which 
                 was referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
   Providing for consideration of the bill (H.R. 3884) to amend the 
Internal Revenue Code of 1986 to prevent corporations from avoiding the 
   United States income tax by reincorporating in a foreign country.

    Resolved, That immediately upon the adoption of this resolution the 
House shall without intervention of any point of order consider in the 
House the bill (H.R. 3884) to amend the Internal Revenue Code of 1986 
to prevent corporations from avoiding the United States income tax by 
reincorporating in a foreign country. The bill shall be considered as 
read for amendment. The previous question shall be considered as 
ordered on the bill and on any amendment thereto to final passage 
without intervening motion except:
            (1) five hours of debate on the bill equally divided and 
        controlled by the chairman and ranking minority member of the 
        Committee on Ways and Means;
            (2) an amendment offered by Representative Neal of 
        Massachusetts or his designee, which shall be in order without 
        intervention of any point of order (except those arising under 
        clause 7 of rule XVI), shall be considered as read, and shall 
        be separately debatable for 30 minutes equally divided and 
        controlled by the proponent and an opponent;
            (3) an amendment in the nature of a substitute offered by 
        Representative Thomas of California or his designee, which 
        shall be in order without intervention of any point of order 
        (except those arising under clause 7 of rule XVI), shall be 
        considered as read, and shall be separately debatable for two 
        hours equally divided and controlled by the proponent and an 
        opponent; and
            (4) one motion to recommit with or without instructions.
    Sec. 2. During consideration of H.R. 3884 pursuant to the first 
section of this resolution, notwithstanding the operation of the 
previous question, the Chair may postpone further consideration of the 
bill to a time designated by the Speaker on the same legislative day or 
until the following legislative day when consideration shall resume 
immediately after the third daily order of business under clause 1 of 
rule XIV.
                                 <all>
```
----

----

I Mitteilungen

Kommission

----

Euro-Wechselkurs (1)

9. Juni 2004

(2004/C 153/01)

1 Euro= 

----

(1)

Quelle: Von der Europäischen Zentralbank veröffentlichter Referenz-Wechselkurs.

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          76,809
<SECURITIES>                                         0
<RECEIVABLES>                                3,782,015
<ALLOWANCES>                                  (176,642)
<INVENTORY>                                    694,535
<CURRENT-ASSETS>                             4,939,400
<PP&E>                                      11,663,197
<DEPRECIATION>                              (1,746,999)
<TOTAL-ASSETS>                              15,275,234
<CURRENT-LIABILITIES>                        7,012,179
<BONDS>                                      5,761,983
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       164,073
<OTHER-SE>                                   2,934,319
<TOTAL-LIABILITY-AND-EQUITY>                15,275,234
<SALES>                                      5,749,294
<TOTAL-REVENUES>                             5,749,294
<CGS>                                        5,607,548
<TOTAL-COSTS>                                5,607,548
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             203,105
<INCOME-PRETAX>                               (835,634)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (835,364)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (835,364)
<EPS-PRIMARY>                                    (0.22)
<EPS-DILUTED>                                    (0.22)
        

</TABLE>
Consent of Independent Auditors


The Board of Directors
QVC, Inc.:

We consent to the  incorporation  by  reference in the  registration  statements
(Nos.  33-41440,  33-63223,   33-54365,   33-25105,  33-56903,   333-08577,  and
333-18715) on Form S-8 and (Nos.  33-50785 and 333-06161) on Form S-3 of Comcast
Corporation  of  our  report  dated  January  30,  1998,  with  respect  to  the
consolidated  balance  sheets of QVC, Inc. and  subsidiaries  as of December 31,
1997  and  1996,  and  the  related   consolidated   statements  of  operations,
shareholders'  equity,  and cash  flows  for  each of the  years in the two year
period ended  December 31, 1997 and for the  eleven-month  period ended December
31, 1995 (such consolidated  financial  statements are not separately  presented
herein),  which  report is  included  as an  exhibit to the Form 10-K of Comcast
Corporation for the year ended December 31, 1997.




                                                  /s/ KPMG Peat Marwick LLP

Philadelphia, Pennsylvania
February 27, 1998
From: Lonnie [mailto:lonnie@monroenews.com] 

Sent: Tuesday, February 01, 2011 3:41 PM 

To: EBSA, E-ORI - EBSA 

Subject: Definition of Fiduciary Proposed Rule

Comments from Monroe Publishing Co. Trustees to Department of Labor.... 

Monroe Publishing Company established an Employee Stock Ownership Plan in 

1994 and became 100% employee-owned in 1999. Thanks to the provisions 

established in ERISA and policy guidance from the DOL and IRS, our Plan has 

proven to be an excellent way to generate retirement wealth for our employee 

owners through the creation of a participative ownership culture that also benefits 

our customers and community. 

We are troubled by the potential impact that most likely will result from the 

Department of Labor's proposal to change its thirty-four year-old policy, which if 

adopted, would treat appraisers as fiduciaries. We support regulations that 

protect the rights of ESOP plan participants by ensuring professionalism and 

accuracy by appraisers when performing required valuations; however, we are 

deeply concerned that the rule, in its proposed form, will substantially increase 

costs to employee-owned companies and decrease the number of qualified 

valuation firms available. 

As trustees we feel the proposed rule change would definitely inhibit our ability to 

do an effective job for our employee-owners. Currently the trustees have 

oversight of the appraiser and this oversight will be lost and this will definitely be 

detrimental to the ESOP and its participants. We therefore ask that this new 

proposal not be adopted. 

The Trustees of Monroe Publishing Company, 

Lonnie Peppler-Moyer 

Jay Hollon 

Sid Scott 

Lonnie L. Peppler‐Moyer

President/Publisher

Monroe Publishing Co.

20 W. First Street

Monroe, MI  48161

www.monroenews.com

lonnie@monroenews.com