alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Louisiana ex rel. John FELTUS v. Hayden J. DEES, Warden, Dixon Correctional Institute.

No. 62498.

Supreme Court of Louisiana.

June 30, 1978.

In re: John Feltus applying for writ of certiorari. Parish of Orleans.

Denied.

DIXON, J.,

would grant an out-of-time appeal. But at the very least, he is entitled to an evidentiary hearing to determine whether he told his lawyer that he wanted to appeal. See Rule 27, Sec. 6, Rules of La. Supreme Court.

CALOGERO and DENNIS, JJ., would grant an evidentiary hearing.

TATE, J.,

concurs in the denial, for the reasons stated by the trial judge, and upon the basis of the trial judge’s instructions at the time of sentencing and of the affidavit by the relator’s attorney. See La. Supreme Court Rule 27, Section 5(a).
#### METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, d/b/a Metropolitan Transit Authority, and Walter Lightfoot, Appellants, v. Rose LUCAS, unremarried widow of the Decedent, Mitchel J. Lucas, and Harry Bassett, as Administrator of the Estate of Mitchel J. Lucas, deceased, Appellees.

No. 69-333.

District Court of Appeal of Florida. Third District.

Nov. 12, 1969.

Rehearing Denied Dec. 9, 1969.

John E. Finney, Miami, Charles C. Hoffman, So. Miami, and Sam Daniels, Miami, for appellants.

Irving J. Whitman, Miami, for appellees.

Before CHARLES CARROLL, BARKDULL and SWANN, JJ.

*293PER CURIAM.

The defendant in the trial court seeks reversal of an adverse final judgment entered in a non-jury trial. The actions in the trial court sounded in tort, alleging a survival action and a wrongful death. We affirm.

The final judgment arrived in this court with a presumption of correctness. Bardee Corporation v. Arnold Altex Aluminum Co., Fla.App. 1961, 134 So.2d 268; Jeffreys v. Simpson, Fla.App. 1969, 222 So.2d 224. All conflicts of evidence and reasonable inferences therefrom are resolved in favor of the judgment. Miami National Bank v. Fink, Fla.App. 1965, 174 So.2d 38; Weiss v. Stone, Fla.App. 1969, 220 So.2d 403. It is not the province of an appellate court to substitute its judgment for that of a jury in rendering a verdict or that of a trial judge in entering a finding of liability in a non-jury case. Meredith v. Orcutt, Fla.App. 1968, 214 So.2d 380; Nixon Construction Company v. Dover, Fla.App. 1969, 218 So.2d 458.

The accident occurred when the decedent was attempting to cross Collins Avenue, Miami Beach, from east to west. At the time, Collins Avenue had two northbound lanes and two southbound lanes, with the easternmost lane a parking lane. It appears from the record that there were no intersections in the vicinity and there were no marked crosswalks; that the decedent was at least midway across the two north driving lanes when he was struck by the right front of a bus when it was in the process of changing lanes. The bus driver testified that he was awnre of pedestrians crossing in the area; that, because of the changing of lanes, his vision necessarily was diverted from the front of the bus to his left rearview mirror. We find no contributory negligence and, there being sufficient competent evidence to support the trial court’s finding of liability, it should be affirmed. Brandt v. Dodd, 150 Fla. 635, 8 So.2d 471; Coleman v. Phipps, Fla. 1955, 82 So.2d 682; Bankers Life & Casualty Company v. Pinkerton-Hays Lumber Company, Inc., Fla.App. 1966, 186 So.2d 551; Boulevard National Bank of Miami v. Gulf American Land Corporation, Fla.App. 1968, 212 So.2d 17.

Affirmed.
* Pursuant to Local Rule 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 95-20901

Summary Calendar

WELLS FARGO REAL ESTATE GROUP

INCORPORATED, formerly known as

Wells Fargo Realty Advisors;

MONTGOMERY ESTATES, INC.,

Plaintiffs-Appellants,

VERSUS

COMMERCE & INDUSTRY INSURANCE COMPANY;

ROYAL INSURANCE COMPANY OF AMERICA,

Defendants-Appellees.

Appeal from the United States District Court

For the Southern District of Texas

(CA H 94 3129)

April 10, 1996

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM: *

This is a diversity suit based on coverage under four

insurance policies. The insured parties are Wells Fargo Real

Estate Group, Inc., a California co rporation, and Montgomery

Estates, Inc., a Texas corporation (collectively referred to as"We lls Fargo"). The insurers are Commerce & Industry Insurance

Company ("C & I"), a New York corporation, and Royal Insurance

Company of America ("Royal"), an Illinois corporation. The

insurance policies in question were comprehensive general liability

policies. Wells Fargo filed this action in a state district court

in Harris County, Texas, to recover attorneys' fees and other

defense costs incurred by it in defending a third-party action

brought against it in another state court in Harris County. Royal

and C & I removed the case to the United States District Court for

the Southern District of Texas. The parties agreed to submit the

duty to defend issue for summary judgment on stipulated facts and

each side filed motions for summary judgment thereon. The district

court found that the third-party petition failed to allege a

potential cause of action under the policies, that Royal and C & I

had no duty to defend Wells Fargo, and that the motions for summary

judgment of Royal and C & I were granted and the cross-motions for

summary judgment of Wells Fargo was denied.

We have carefully reviewed the briefs, reply brief and record

excerpts and relevant portions of the record itself. For the

reasons stated by the district court in its memorandum and order

filed under date of September 25, 1995, we affirm the final

judgment entered un der date of September 25, 1995, granting

defendant's motion for summary judgment and dismissing the action

with prejudice.

AFFIRMED

.
Opinion issued July 25 , 2019

In The 

## Court of Appeals

For The 

## First District of Texas

———————————— NO. 01

- 18

- 00915

- CV

——————————— RONALD DARNELL CEPHUS J UNIOR , Appella nt
V.
KELLI DIANE JOHNSON , Appellee

O n Appeal from the 164th District Court

Harri s County, Texas Trial Court Cause No. 2018

- 36879

MEMORANDUM OPINION
Appellant has filed an unopposed motion to dismiss the appeal. See T EX

. R.

A PP

. P. 10.3(a)(2), 42.1(a) (1). No opinion has issued. See T EX

. R. A PP

. P. 42.1(c).
Accordingly, we grant t he motion and dismiss the appeal. See T EX

. R. A PP

.
P. 42.1(a)(1). We dismiss all other pending motions as moot.2 PER CURIAM
Panel consists of Chief Justice Radack and Ju stices Higley and Hightower

.
```
[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Notices]
[Page 4078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2179]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Commission

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: United States International Trade 
Commission.

TIME AND DATE: February 10, 1997 at 11:00 a.m.

PLACE: Room 101, 500 E Street S.W., Washington, DC 20436.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED:

1. Agenda for future meeting.
2. Minutes.
3. Ratification List.
4. Inv. Nos. 731-TA-741-743 (Final) (Melamine Institutional Dinnerware 
from China, Indonesia, and Taiwan)--briefing and vote.
5. Outstanding action jackets: none.

    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    Issued: January 23, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-2179 Filed 1-24-97; 11:25 am]
BILLING CODE 7020-02-P
```
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001076647
<NAME>                        RUSSELL-STANLEY HOLDINGS, INC.
<MULTIPLIER>                                      1

<S>                                               <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JUL-01-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         1,355,000
<SECURITIES>                                           0
<RECEIVABLES>                                 33,103,000
<ALLOWANCES>                                           0
<INVENTORY>                                   22,800,000
<CURRENT-ASSETS>                              65,391,000
<PP&E>                                        94,951,000
<DEPRECIATION>                                 8,638,000
<TOTAL-ASSETS>                               274,305,000
<CURRENT-LIABILITIES>                         39,163,000
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                      30,839,000
<OTHER-SE>                                             0
<TOTAL-LIABILITY-AND-EQUITY>                 274,305,000
<SALES>                                       71,549,000
<TOTAL-REVENUES>                              71,549,000
<CGS>                                         56,046,000
<TOTAL-COSTS>                                 12,203,000
<OTHER-EXPENSES>                                  56,000
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                             5,576,000
<INCOME-PRETAX>                               (2,332,000)
<INCOME-TAX>                                    (505,000)
<INCOME-CONTINUING>                                    0
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                  (1,827,000)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                          0




</TABLE>
[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46680-46681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23408]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 970613138-7138-01; I.D. 082897C]


Fisheries of the Exclusive Economic Zone Off Alaska; Scallop 
Fishery; Closure in Registration Area O

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is closing the scallop fishery in Registration Area O 
(Dutch Harbor). This action is necessary to prevent exceeding the C. 
bairdi crab bycatch limit (CBL) in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 28, 1997, 
until 2400 hrs, A.l.t., June 30, 1998.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The scallop fishery in the exclusive 
economic zone off Alaska is managed by NMFS according to the Fishery 
Management Plan for the Scallop Fishery off Alaska (FMP) prepared by 
the North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery

[[Page 46681]]

Conservation and Management Act. Fishing for scallops is governed by 
regulations appearing at subpart F of 50 CFR part 600 and 50 CFR part 
679.
    In accordance with Sec. 679.62(b) the 1997 C. bairdi CBL for 
Registration Area O was established by the Final 1997-98 Harvest 
Specifications of Scallops (62 FR 34182, June 25, 1997) as 10,700 
crabs.
    The Administrator, Alaska Region, NMFS, has determined, in 
accordance with 679.62(c), that the C. bairdi CBL for Registration Area 
O has been reached. Therefore, NMFS is prohibiting the taking and 
retention of scallops in Registration Area O.

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent overharvesting the 1997 C. bairdi CBL specified for 
Registration Area O. Providing prior notice and an opportunity for 
public comment on this action is impracticable and contrary to public 
interest. The fleet has taken the C. bairdi CBL for Registration Area 
O. Further delay would only result in overharvest of the CBL. NMFS 
finds for good cause that the implementation of this action cannot be 
delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the 
effective date is hereby waived.

Classification

    This action is required by Sec. 679.62 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 28, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-23408 Filed 8-29-97; 10:41 am]
BILLING CODE 3510-22-P
#### Catherine GANNON, a minor, by and *through*her father and next friend, Donald F. Gannon, and Donald F. Gannon, individually, Appellants, v. Dee TURNER, Appellee.

No. 68-454.

District Court of Appeal of Florida. Second District.

July 3, 1969.

Rehearing Denied Aug. 18,1969.

Edward J. Hunter, Tampa, for appellants.

C. Lawrence Stagg, of Holland & Knight, Tampa, for appellee.

PER CURIAM.

Affirmed upon authority of Railway Express Agency v. Brabham, Fla.1952, 62 So.2d 713; Smith v. City Products Corp., Fla.App.1962, 147 So.2d 590; Sharon v. Luten, Fla.App.1964, 165 So.2d 806; Pope *346v. Pinkerton-Hays Lumber Co., Fla.App. 1960, 120 So.2d 227; and Lindsay v. Thomas, 1937, 128 Fla. 293, 174 So. 418.

HOBSON, C. J., and PIERCE and MANN, JJ., concur.
#### Jimmie Carl CARTER, Appellant, v. STATE of Florida, Appellee.

No. 76-1949.

District Court of Appeal of Florida, Second District.

Nov. 4, 1977.

Jack 0. Johnson, Public Defender, Bar-tow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

After reviewing the briefs and record on appeal, we find appellant has failed to demonstrate any reversible error; therefore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed, as required by Section 921.161(1), Florida Statutes (1975). *Smith v. State,*310 So.2d 770 (Fla. 2d DCA 1975).

Remanded for correction of the sentence; otherwise affirmed. Appellant need not be present for this purpose.

GRIMES, Acting C. J., and SCHEB, J., and McNULTY, JOSEPH P. (Ret.), Associate Judge, concur.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

(Adopted May 2, 2008)

(PAR 2449 April 2014)

Proposed Amended Rule 2449. Control of Oxides of Nitrogen Emissions from Off-Road 

Diesel Vehicles

The provisions of Article 4.8, Chapter 9, Title 13 of the California Code of Regulations (CCR), 

Section 2449.3, in effect June 15, 2008, were adopted in full by the South Coast Air Quality 

Management District on May 2, 2008 through the “opt-in” provision provided in the regulation 

and were made part of the Rules and Regulations of the South Coast Air Quality Management 

District.

Article 4.8, Chapter 9, Title 13 of the CCR, Section 2449.3 was amended in December 14, 2011

by the California Air Resources Board and renumbered to section 2449.2. Effective December 

14, 2011 Section 2449.2 shall apply to the owner of any off-road diesel vehicle as described.

The provisions of this Regulation apply to the owner of any off-road diesel vehicle as described 

in Section 2449.32(b) operating in the South Coast Air Quality Management District. Upon the 

District’s issuance of a solicitation for applications for funding, fleet owners subject to Section 

2449. 32 shall submit applications for funding, in accordance with the Rule 2449 Administrative 

Guidelines developed to implement Section 2449. 32.

Title 13,

Chapter 9

Motor Vehicles – Off-Road Vehicles and Engines Pollution Control Devices

Section 2449.3 Surplus Off-Road Opt-In for NOx (SOON) Program

(13 CCR 2449.3, June 15, 2008) (SCAQMD Adopted May 2, 2008)

Section 2449.2 Surplus Off-Road Opt-In for NOx (SOON) Program

(13 CCR 2449.2, December 14, 2011) (SCAQMD Amended xxx)

2449 – 1
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                      -
**Exhibit
      32.2**





**CERTIFICATION
      OF FINANCIAL STATEMENTS**





Pursuant
      of 18 U.S.C. 63 1350, the Chief Financial Officer of Conmed Healthcare
      Management, Inc. (the "Company") hereby certifies that this Form 10-KSB and
      the
      financial statements thereto fully comply with the requirements of Sections
      13(a) and 15(d) of the Securities Exchange Act of 1934, as amended, and the
      information contained in the Form 10-KSB and the financial statements thereto
      fairly present, in all material respects, the financial condition and results
      of
      operations of the Company.




March
        31,
        2008
 By
                /s/ Thomas W. FryThomas
                W. Fry, Chief Financial
                Officer
### Ground water in Yellowstone and Treasure Counties, Montana

By: George Martin HallCharles S. Howard

                            https://doi.org/10.3133/wsp599

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
II 

109TH CONGRESS 

1ST SESSION S. 1727 

To provide grants for prosecutions of cases cleared through use of DNA 

backlog clearance fund. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2005 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide grants for prosecutions of cases cleared through 

use of DNA backlog clearance fund. 

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 ‘‘Grants for DNA Back5 log Prosecutions Act’’. 
2 

•S 1727 IS

1 SEC. 2. ASSISTANCE FOR PROSECUTIONS OF CASES 

2 CLEARED THROUGH USE OF DNA BACKLOG 

3 CLEARANCE FUNDS. 

4 The Justice for All Act of 2004 (Public Law 108– 

5 405) is amended by adding after section 206 the following 

6 new section: 

7 ‘‘SEC. 207. ASSISTANCE FOR PROSECUTIONS OF CASES 

8 CLEARED THROUGH USE OF DNA BACKLOG 

9 CLEARANCE FUNDS. 

10 ‘‘(a) IN GENERAL.—The Attorney General shall 

11 make grants to train and employ personnel to help pros12 ecute cases cleared through use of funds provided for 

13 DNA backlog elimination. 

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated $100,000,000 for each 

16 of fiscal years 2006 through 2010 to carry out this sec17 tion.’’. 

Æ
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<PAGE>
<ARTICLE> 5
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<PERIOD-START>                             JAN-01-1996             JAN-01-1995
<PERIOD-END>                               DEC-31-1996             DEC-31-1995
<CASH>                                           1,572                   2,987
<SECURITIES>                                         0                       0
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<PP&E>                                          11,271                   7,801
<DEPRECIATION>                                   7,402                   5,032
<TOTAL-ASSETS>                                  61,451                  48,870
<CURRENT-LIABILITIES>                           31,372                  20,160
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        82,721                  69,511
<OTHER-SE>                                     (52,656)                (40,085)
<TOTAL-LIABILITY-AND-EQUITY>                    61,451                  48,870
<SALES>                                         69,699                  55,673
<TOTAL-REVENUES>                                69,699                  55,673
<CGS>                                           42,624                  26,623
<TOTAL-COSTS>                                   42,624                  26,623
<OTHER-EXPENSES>                                38,763                  24,061
<LOSS-PROVISION>                                   192                     232
<INTEREST-EXPENSE>                               1,039                   1,321
<INCOME-PRETAX>                                (12,571)                  3,663
<INCOME-TAX>                                         0                     185
<INCOME-CONTINUING>                            (12,571)                    185
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
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<NET-INCOME>                                   (12,571)                  3,478
<EPS-PRIMARY>                                     (.91)                     .41
<EPS-DILUTED>                                     (.91)                     .41


</TABLE>