alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE Februar y 5, 2002 Se ssion
ROBER T L. PO WELL, JR . v. BLA LOCK PLUMBIN G AND ELECTR IC AND HVAC, INC., ET AL 

### . Appeal by Pe rmission f

rom the Supreme Court Special Workers’ Compensation Appeals Panel

Chancery Court for Franklin County No. 16,186 Jeffrey F. Stewart, Chancellor
No. M2001-00204-WC-WCM-CV - Filed July 12, 2002

A DOLPHO A. B IRCH , J R ., J., concurring in results only.
I agree with the r

esult rea ched in th is case b y th

e majorit y. I write se parate ly, however , to express my disagr

eement with the reasoning the majority employs. My

problem is with the reliance on Wilkins v. The Kellogg Co. , 48 S.W.3d 148 (Tenn. 2001), as the analy tical basis for holding that “wage” should be defined to mean “hourly rate of pay .” I would hold, as I expressed in Wilkins , that “wage” should involve a weekly, r ather than hourly , basis for calculating pay. Id. at 156 (Birch, J., dissenting). Defining “wage” to mean “hourly rate of pay” is problematic “because hourly rate of pay, unlike average weekly wage, is not a re liable indicator of the economic impact of a workplace injury.”
The employee in this case retur ned to wor k at the same hourly rate of pay, but his injury caused him to work fewer hours and earn less money on a weekl y basis. Clearly, his injury has had an economic impact regardless of his hourly rate of pay, and it is only logical to allow greate r compensation to offset that impact. As a result, it would be unnecessary to employ the “reaso nablene ss” analysis used by the majority–an ana

lysis which, notably, appea rs nowhere in the elements of the statute. Compare Wilkins , 48 S.W.3d at 154 (criticizing the dissent as being at odds with “the statute’s express terms”). Consequently, I concur in the r esult reached by the maj ority, but not in the a

nalysis. Additionally, I would e

ncourag e the Ge

neral As sembly to consider the adoption of a terminology that could be applied by this Court in a manner more congruent with the intended purposes of the Worker s’ Compens ation Act

.

___________________________________-2- ADOLPHO A. BIRCH, J

R., JUSTICE
FI L ED U.S. COURT OF A P P E A LS E LE V EN T H C IR C U IT AUGUST 28, 2007 THOMAS K. KAH

N CL ERK [DO N OT PUBLISH]

IN THE UN ITED STATES COURT OF APPEALS FO R T HE EL EV EN TH CIRC UI T

____ ____ ____ ____ ____ ____ N o. 07- 1026 6 Non-Argum ent Calendar

____ ____ ____ ____ ____ ____ D. C. Dock etNo. 9 8- 02 23 7- CV-T-2 3- TGW
BE V E RL YD IL L O N , a s tr ust ee of L
. I. G
. T ru st and El Fuente T rust, N EI L A . S TU BBS, as tr ust ee of N ea l A
. S tub bs, D
. D
. S. P
. A
. P ro fi t Sh ari ng Pla n & Trus t, COR PUS HAREM, LTD., Plaintiffs-Counter-D efendantsAppe lle es ,

ve rs us A X X SY S IN T ’ L IN C. , f

orm er ly kno w n a s In te rn etAcces s C o., In c., et a l., D ef en dants , A D A M M
. R EI S ER , i n d i v i du a l l y, Defen da nt -Co un te r-Cl ai m an t, D EB O RA H AU S TI NR EI S ER , i n d i v i du a l l y, D ef en dant- Appe llant.2 ____ ____ ____ ____ ____ ____ Appeal f rom the United State s District Court fo r the Mi ddl e D istri ct

of F lor ida

____ ____ ____ ____ ____ ____ _ (A ug us t 28, 200 7) Be fo re W IL SO N , P RY O R and F A Y , Ci rc uit Jud ge s. PE R CU RIA M: T his is anappe al f

ro m the de nia l of

am oti on f

or a tto rn ey s’ f

ee s and c ost s br ough t by

D eb or ahAust in R ei se r w ho w as ade fe ndant/ ap pe lle e/ cr oss -a ppe llant in this m atte r. W e af

fi rm ed the j udgm en ts e nte re d inthe dis tr ic t c ourt i n D ill on v . Axx sys In te rn at io na l, In c., 18 5 F ed . App x. 8 23 (11 Cir . 20 06 ). th W e nowa ff

irm the r uli ngs of the dis tr ic t c ourt de ny ing the se m oti ons fo r the reasons set forth in the Report and Recom m endation o f the United States Magistrate Judge dated Novem ber 14, 2006 which wa s adopted b y the United St at es Dis tri ctJu dg e b y

Orde r da te d Dec em

be r 19 , 20 06
. AFFIRMED.
Exhibit 32.1

Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as

adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with this Annual Report on Form 10-K of SRA
International, Inc. (the Company) for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Stanton D. Sloane, Chief Executive Officer of
the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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 the Company.

Dated: August 25, 2009



/s/    STANTON D. SLOANEStanton D. Sloane President and Chief Executive Officer (Principal Executive Officer)
#### Patricia B. PEPPARD, Appellant, v. Matthew J. PEPPARD, Appellee.

No. 69-1037.

District Court of Appeal of Florida, Third District.

April 14, 1970.

PER CURIAM.

Affirmed.
#### Helen K. REPPERT and Howard C. Reppert, her husband, Appellants, v. Victoria MALIGA and Joseph Maliga, her husband, d/b/a Claremont House, Appellees.

No. 69-513.

District Court of Appeal of Florida. Third District.

Dec. 18, 1969.

PER CURIAM.

Appeal dismissed.
800 Independence Ave., S.W. Washington, DC 20591

February 22, 2016

Mr. Gary Forister

4127 Paseo De Las T ortugas

Torrance

, C A 90505

Dear Mr. Forister :

This is in response to your letter dated January 14

, 2016

, posted to the public docket (No

. FAA

- 2016

- 1129 ) petitioning the Federal Aviation Administration (FAA) to in itiate rulemaking to amend § 61.56 of Title 14 Code of Federal Regulations (14 CFR)

. In your petition, you propose to “ (e) dit FAR 61.56 to allow the same privileges afforded a Student Pilot to those possessing a higher grade certificate. Specifically, to permit a Private, Commercial

, or ATP licensed pilot to fly solo during training for the purpose of adding an additional Category rating to their pilot certificate, without the requirement to complete a Flight Review. ”

In accordance with 14 CFR § 11.73 , t he FAA must use the following criteria when making a decision as to whether or not to amend current regulations based on a petition for rulemaking:

1) The immediacy of the safety or security concerns you raise; 2) The priority of other issues the FAA must deal with; and 3) The resources we have available to address these issues

.

Each year, t he FAA prioritizes its rulemaking projects based on issues that are crucial to the safety of the aviation community and the traveling public to ensure the FAA delivers

the mo st value to the aviation system

.

After reviewing your request b ased on the current priorities for the FAA and the guidelines found in § 11.73, we determined the issue you raised does not meet the criteria to pursue rulemaking at this time. However, you r comments and arguments for the proposed rule change in your petition will be placed in a database, which we will examine when we consider future rulemaking.2

If the FAA does pursue rulemaking in this area in the future, you would be able to find

out an d track it through one of the two following websites :

 For significant rulemakings, you can find the status on the Department of Transportation’s (DOT) website ( http://www.dot. gov/regulations/report

- on

significant

- rulemakings )

.

 For non

- significant rulemakings, you can find the status on the DOT’s semi

annual regulatory agenda , through the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affair’s ( OIRA) Unified Agenda website ( http://www.reginfo.gov/public/do/eAgendaMain ).

For the reasons above, we are dismissing your petition for rulemaking in accordance with 14 CFR § 11.73.

Sincere ly,

/s/

J ohn Barbagallo Deputy Director, Flight S tandards Service
EX 31.1



CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Rene Bernard, certify that:



1.

I have received this quarterly report of Form 10-QSB/A for the period ended August 31, 2002 of The Bralorne Mining Company, the registrant;



2.

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



3.

Based on my knowledge, the financial statements, other than financial information included in this quarterly 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 quarterly 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-14 and 15d-14) for the registrant and we have:



a.

designed such disclosure controls and procedures to ensure that material information relating to the registrant is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b.

evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and



c.

presented in this quarterly report our conclusion about effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



5.

The registrants other certifying officer and I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors:



a.

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal control; and



b.

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and



6.

The registrants other certifying officer and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regards to significant deficiencies and material weaknesses.



Dated:

June 9, 2004

/s/Rene Bernard



Rene Bernard

Chief Executive Officer

President and Director
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<PERIOD-START>                             JAN-04-1997             DEC-30-1995
<PERIOD-END>                               JAN-02-1998             JAN-03-1997
<CASH>                                             312                     268
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    1,027                     754
<ALLOWANCES>                                         0                       0
<INVENTORY>                                        170                     168
<CURRENT-ASSETS>                                 1,789                   1,432
<PP&E>                                           1,894                   1,597
<DEPRECIATION>                                     438                     415
<TOTAL-ASSETS>                                   6,322                   5,075
<CURRENT-LIABILITIES>                            2,024                   1,759
<BONDS>                                          1,844                   1,307
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<TOTAL-LIABILITY-AND-EQUITY>                     6,322                   5,075
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<TOTAL-REVENUES>                                12,034                  10,172
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<TOTAL-COSTS>                                   11,308                   9,543
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<INCOME-PRETAX>                                    554                     502
<INCOME-TAX>                                       219                     196
<INCOME-CONTINUING>                                  0                       0
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<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                       335                     306
<EPS-PRIMARY>                                     2.64                    2.40
<EPS-DILUTED>                                     2.46                    2.25
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             JAN-26-1997
<PERIOD-END>                               JAN-31-1998
<CASH>                                       3,243,595
<SECURITIES>                                13,368,499
<RECEIVABLES>                                6,001,722
<ALLOWANCES>                                    53,000
<INVENTORY>                                  3,887,287
<CURRENT-ASSETS>                            27,757,110
<PP&E>                                      14,924,968
<DEPRECIATION>                               7,590,863
<TOTAL-ASSETS>                              43,881,754
<CURRENT-LIABILITIES>                        4,458,786
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<PREFERRED>                                          0
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<TOTAL-LIABILITY-AND-EQUITY>                43,881,754
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<CGS>                                       17,836,845
<TOTAL-COSTS>                               33,359,136
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             163,062
<INCOME-PRETAX>                              8,985,484
<INCOME-TAX>                                 2,983,000
<INCOME-CONTINUING>                          6,002,484
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 6,002,484
<EPS-PRIMARY>                                     1.80
<EPS-DILUTED>                                     1.80
        

</TABLE>
#### Alfred J. Bohlinger, Superintendent of Insurance of the State of New York, as Liquidator of The Preferred Accident Insurance Company of New York, Plaintiff, *v.*Aaron Zanger, Defendant.

Supreme Court, Special Term, New York County,

May 15, 1952.

*Alfred C. Bennett*and *Irvin Waldman*for plaintiff.

*Charles P. Butler*for defendant.

Botein, J.

The plaintiff (as liquidator of an insurance company) concedes that the defendant (an insurance broker) has the right to deduct his commission for the period up to May 2, 1951, as of which date liability of the insurer was terminated by the order of April 30, 1951. The only question presented for determination on this motion for judgment on the pleadings is whether the defendant may withhold from the plaintiff any other portion of premiums paid to him by various assureds.

By virtue of the provisions of section 121 of the Insurance Law the defendant, in legal contemplation, acted for the insurance company in receiving payment of premiums. Section 125 of the Insurance Law makes the broker responsible in a fiduciary capacity to his principal for all funds received. His principal, in view of the provisions of section 121 *(supra)*is the insurance company. It follows that the defendant is not entitled to withhold from the plaintiff, the liquidator of the insurance company, any part of the premiums paid to him as agent for the insurance company except the commissions above referred to. The motion is granted to the extent of awarding judgment to the plaintiff for the amounts withheld, less the defendant’s commissions. The question of the rights of the assureds who paid the premiums as against the plaintiff is not presented for determination by the present motion.
Exhibit 99.2

                            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 Quarterly Report of  Nicklebys.com,  Inc. (the "Company")
on Form  10-QSB for the period  ending  September  30,  2002,  as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Bruce
Capra, Chief Accounting Officer of the Company,  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 result of  operations of the
Company.



/s/ Bruce Capra
-------------------------------
Bruce Capra
Chief Financial Officer
November 11, 2002




























                                       11
**Exhibit (b)(1)**

**BYLAWS**

**OF**

**DWS PORTFOLIO TRUST**

 

**Dated as of April 1, 2008**

 

**ARTICLE 1**

**Declaration of Trust and Principal Office**

 

**1.1  Declaration of Trust.**  These Bylaws are adopted pursuant to Section 2.9 of the Declaration of Trust, as from time to time in effect (the "Declaration”), of the Massachusetts business trust established by the Declaration (the "Trust") and shall be subject to the terms of the Declaration.  Any capitalized term not otherwise defined herein shall have the same meaning given to such term in the Declaration.

 

**1.2  Principal Office of the Trust.**  The principal office of the Trust in Massachusetts shall be located in Boston, Massachusetts, or such other place as shall be determined by the Trustees from time to time.  The Trust may have offices in such other places within or without the Commonwealth of Massachusetts as the Trustees may from time to time determine. 

 

**ARTICLE 2**

**Trustees**

 

**2.1 Chairman; Vice Chairman.**  The Trustees may elect from their own number a Chairman to hold office until his or her successor shall have been duly elected and qualified or until his earlier death, resignation, removal or disqualification.  If the Chairman is present at a meeting of the Trustees or Shareholders, the Chairman shall preside at such meeting.  The Trustees may also elect from their own number a Vice Chairman to hold office until his or her successor shall have been duly elected and qualified or until his earlier death, resignation, removal or disqualification.  If the Chairman is not present at a meeting of the Trustees or Shareholders, the Vice Chairman, if any, shall preside at such meeting.  The Chairman and Vice Chairman shall each have such other duties and powers as the Trustees may from time to time determine, but neither shall have individual authority to actfor the Trust as an officer of the Trust.

 

**2.2  Regular Meetings.**  Regular meetings of the Trustees may be held without call or notice at such places (including for these purposes, by means of conference telephone circuit, video conferencing or similar communications equipment by means of which all persons participating in the meeting can hear each other as provided for in the Declaration) as the Trustees may from time to time determine.

 

**2.3  Special Meetings.**  Special meetings of the Trustees may be held at any time and at any place (including for these purposes, by means of conference telephone circuit, video conferencing or similar communications equipment by means of which all persons participating in the meeting can hear each other as provided for in the Declaration) designated in the call of the meeting when called by the Chairman, the President or the Treasurer or by two or more Trustees, sufficient notice thereof as described in Section 2.4 below being given to each Trustee by the Secretary or an Assistant Secretary or by the person calling the meeting.

 

----