alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
258 La. 903

#### Myrle G. HEBERT v. The TRAVELERS INSURANCE CO., The Travelers Indemnity Co., Guy Scroggins, Inc., Guy Scroggins Contractors, Inc., and Clifton J. Gaudet.

No. 51366.

Supreme Court of Louisiana.

May 20, 1971.

In re: Myrle G. Hebert applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Cameron. 245 So.2d 563.

Application denied. There is no error of law in the judgment complained of.

TATE, J., dissents and assigns written reasons.

TATE, Justice

(dissenting).

The trial jury awarded the plaintiff $25,000 for serious injuries, apparently accepting the testimony of an attending specialist, who examined, treated, and hospitalized the plaintiff over a period of five months. In reducing the award to $5,000 general damages, the court of appeal relied on the testimony of two orthopedic specialists, who examined the claimant either one or two times and then for purposes of litigation, as well as that of the surgeon who initially treated claimant as an emergency patient.

The intermediate court feels that it can evaluate the testimony of these three specialists as well as did the trial jury, because the doctors testified only by deposition.

The court overlooks, however: That the opinion of these doctors as to the painful residual of the injuries must in part be based upon the respective doctors’ evaluation of the veracity of the plaintiff’s complaints; that the trial jury, which observed the plaintiff over four days of trial, was in a far better position to make this evaluation, based upon all the medical and lay evidence,' than were the two orthopedists who, for an examination fee, examined the plaintiff only for an hour or so; and that mere numerical superiority of medical witnesses does not constitute a preponderance of the evidence.

In denying the writ, my brethren of the majority apparently feel that the claimant’s application presents only a question of fact, and that this court’s writ-of-review jurisdiction is limited to questions of law. Art. VII, Sec. 11, La.Constitution.

For the reasons above noted, I feel that the court of appeal was in error as a matter of law in reducing the award. See also, Miller v. Thomas, 258 La. 285, 246 So.2d 16 (1971).

I respectfully dissent from the denial of this writ.
|  |  | [if !vml]>[endif]>

You have  reached the Federal Depository Library Program Electronic Collection  (FDLP/EC) Archive. This archive assures ongoing access to publications in the  FDLP/EC. Access to publications in the archive is available through GPO's  suite of cataloging and locator services, including the Catalog of U.S.  Government Publications (CGP).
Title: Hydrologic  conditions in Florida during water year
SuDocs Number:[if !vml]>[endif]>I 19.42/4-7:
Item Number:0624-B-07  (online)
System  Number: 000872513
2007  |  2008
 
 
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#### J. W. CONNER & SONS, INC., a corporation, Petitioner, v. FLORIDA GAS TRANSMISSION COMPANY, a corporation, Respondent.

No. 44638.

Supreme Court of Florida.

Feb. 21, 1974.

ERVIN, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
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Exhibit 10.11


 


FORM  OF AMENDMENT NO. 1 TO FUND
ADMINISTRATION SERVICING AGREEMENT


 


THIS amendment is made and entered into
as of this [     ] day of [          ], 2018, by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the
“Trust”), ETF MANAGERS CAPITAL LLC, the sponsor of the Trust (the “Sponsor”), and U.S. BANCORP
FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).


 


WHEREAS, the Trust is authorized to issue
shares of beneficial interest in separate series, with each such series representing interests in a separate portfolio of securities
and other assets;


 


WHEREAS, Fund Services is engaged in providing
fund administration services to funds; and


 


WHEREAS, the Trust, the Sponsor and Fund
Services have entered into an agreement dated January 2, 2015 (the “Agreement”) whereby Fund Services has agreed to
provide certain services to each series of the Trust listed on Exhibit A (as amended from time to time) (each a “Fund”
and collectively, the “Funds”); and


 


WHEREAS, the parties wish to amend Exhibit
A of the Agreement to include a new separate series of the Trust, the Breakwave Dry Bulk Shipping ETF;


 


NOW, THEREFORE, in consideration of the
promises and mutual covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged,
the parties hereto, intending to be legally bound, do hereby agree as follows:


 


Exhibit A is hereby amended to include the
following fund: Breakwave Dry Bulk Shipping ETF.


 


IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed by a duly authorized officer on one or more counterparts as of the date first above written.


 


ETF MANAGERS GROUP COMMODITY


TRUST I





	 	 	 	 	 
	By:	 	 	 	 
	Name:	 	 
	Title:	 	 	 


 






     


     


    

 


U.S. BANCORP FUND SERVICES, LLC





	 	 	 	 	 
	By:	 	 	 	 
	Name:	 	 
	Title:	 	 	 


 


ETF MANAGERS CAPITAL LLC





	 	 	 	 	 
	By:	 	 	 	 
	Name:	 	 
	Title:
Federal Depository Library ProgramPersistent URL Home Page      

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Powered by the Federal Depository Library Program.                A service of the U.S. Government Publishing Office.
#### Jimmie BROWN, Appellant, v. STATE of Florida, Appellee.

No. T-497.

District Court of Appeal of Florida, First District.

April 2, 1974.

Richard W. Ervin, III, Public Defender; David J. Busch, Asst. Public Defender, for appellant, and Jimmie Brown, in pro. per.

Robert L. Shevin, Atty. Gen. and Andrew W. Lindsey, Asst. Atty. Gen., for ap-pellee.

McCORD, Judge.

Appellant was charged with and was convicted on June 13, 1973, of three counts of robbery and one count of the use of a firearm during the commission of a felony (robbery). Appellant was sentenced to concurrent sentences of 40 years imprisonment on the robbery convictions and 15 years for the use of a firearm during the commission of the robberies, to run concurrently with the robbery convictions.

In light of the decision of the Supreme Court of Florida in Cone v. State, 285 So. 2d 12 (Rehearing denied December 7, 1973), the sentence imposed for the use of the firearm during the commission of a felony cannot stand as it violates the single transaction rule. See Gordon v. State, 292 So.2d 46, of this court, opinion released this date.

We have considered the additional questions raised by appellant and after reading the record and briefs find them to be without merit.

The 15 year concurrent sentence for use of a firearm in the commission of a felony is vacated. The judgments and sentences in other respects are affirmed.

RAWLS, C. J., and JOHNSON, J., concur.
Exhibit 23.1


CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement on Form S-3 (No. 333-197513, No. 333-177492, No. 333-170591 and No. 333-221496) and S-8 (No. 333-209939, No. 333-202529, No. 333-194520, No. 333-187355, No. 333-180046, No. 333-174283, No. 333-167360, No. 333-162785, No. 333-216440 and No. 333-223490)  of Cowen Inc. of our report dated March 20, 2020 relating to the financial statements of Starboard Value A LP which appears in this Form 10-K/A -Amendment No. 1.








/s/ Ernst & Young LLP


New York, New York


March 24, 2020
#### Joseph T. TARAVELLA, Slaton Rent-A-Car Company, a Florida corporation, Allstate Insurance Company, and Coral Ridge Properties, Inc., a Florida corporation, Appellants, v. Josephine T. CLEMENTS, Appellee.

No. 70-491.

District Court of Appeal of Florida, Fourth District.

Oct. 12, 1970.

Appeal from Circuit Court, Broward County; Jose A. Gonzalez, Jr., Judge.

Appeal dismissed.
**Exhibit 32.3**

**COMPREHENSIVE CARE CORPORATION AND SUBSIDIARIES**

**Certification of CFO Pursuant to**

**18 U.S.C. Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

In connection with the quarterly report of Comprehensive Care Corporation (the “Company”) on Form 10-Q for the quarter ending March 31,2009 as filed with the Securities and Exchange Commission on May 15, 2009 (the “Report”), Giuseppe Crisafi, as Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuantto § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that: 

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

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

 

 

63
**President**

**Section 906 Certification under Sarbanes Oxley Act**

 

 

 

I, Michael G. Clark, certify that: 

 

| 1. | I have reviewed this report, filed on behalf of DWS Equity 500 Index Portfolio, on Form N-CSR; |
|----|------------------------------------------------------------------------------------------------|

 

| 2. | Based on my knowledge and pursuant to 18 U.S.C. § 1350, the periodic report on Form N-CSR (the “Report”) fully complies with the requirements of § 13 (a) or §15 (d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

| March 2, 2009 | /s/Michael G. Clark            |
|---------------|--------------------------------|
|          | Michael G. Clark               |
|          | President                      |
|          | DWS Equity 500 Index Portfolio |

 

 

 

 

 

**Chief Financial Officer and Treasurer**

**Section 906 Certification under Sarbanes Oxley Act**

 

 

 

I, Paul Schubert, certify that: 

 

| 1. | I have reviewed this report, filed on behalf of DWS Equity 500 Index Portfolio, on Form N-CSR; |
|----|------------------------------------------------------------------------------------------------|

 

| 2. | Based on my knowledge and pursuant to 18 U.S.C. § 1350, the periodic report on Form N-CSR (the “Report”) fully complies with the requirements of § 13 (a) or § 15 (d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| March 2, 2009 | /s/Paul Schubert                      |
|---------------|---------------------------------------|
|          | Paul Schubert                         |
|          | Chief Financial Officer and Treasurer |
|          | DWS Equity 500 Index Portfolio        |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE SECOND
QUARTER 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-Q.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-END>                               SEP-30-1995
<CASH>                                           1,335
<SECURITIES>                                     2,109
<RECEIVABLES>                                   22,597
<ALLOWANCES>                                     1,989
<INVENTORY>                                          0
<CURRENT-ASSETS>                                26,303
<PP&E>                                           6,906
<DEPRECIATION>                                   3,831
<TOTAL-ASSETS>                                  54,482
<CURRENT-LIABILITIES>                           18,949
<BONDS>                                              0
<COMMON>                                         1,719
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      2,846
<OTHER-SE>                                      19,669
<TOTAL-LIABILITY-AND-EQUITY>                    54,482
<SALES>                                         19,465
<TOTAL-REVENUES>                                19,465
<CGS>                                           17,660
<TOTAL-COSTS>                                   17,660
<OTHER-EXPENSES>                                 (212)
<LOSS-PROVISION>                                   593
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,017
<INCOME-TAX>                                       744
<INCOME-CONTINUING>                              1,019
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      1019
<EPS-PRIMARY>                                      .30
<EPS-DILUTED>                                      .30
        

</TABLE>
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1951 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1951

  To increase the Federal share provided under the Robert T. Stafford 
 Disaster Relief and Emergency Assistance Act for a certain time frame 
                        during fiscal year 2020.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2021

  Mr. Thompson of California (for himself, Mr. DeFazio, Mr. Bera, Mr. 
  Carbajal, Mr. Costa, Mr. DeSaulnier, Ms. Eshoo, Mr. Garamendi, Mr. 
 Huffman, Mr. Khanna, Mr. LaMalfa, Ms. Lee of California, Ms. Lofgren, 
  Mrs. Napolitano, Mr. Lowenthal, Ms. Norton, Mr. Panetta, Ms. Roybal-
   Allard, and Ms. Speier) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To increase the Federal share provided under the Robert T. Stafford 
 Disaster Relief and Emergency Assistance Act for a certain time frame 
                        during fiscal year 2020.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Increase Federal Disaster Cost Share 
Act of 2021''.

SEC. 2. INCREASE OF FEDERAL SHARE.

    Notwithstanding sections 403(b), 403(c)(4), 404(a), 406(b), 408(d), 
408(g)(2), 428(e)(2)(B), and 503(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act 10 (42 U.S.C. 5121 et seq.), for 
any emergency or major disaster declared by the President under such 
Act during the period beginning on January 1, 2020, and ending on 
December 31, 2020, the Federal share of assistance provided under such 
sections shall be not less than 90 percent of the eligible cost of such 
assistance.
                                 <all>
```
Exhibit 13.1

CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Shanda Games Limited (the Company) on Form
20-F for the year ended December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Qunzhao Tan, Chief Executive 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 to my knowledge:

(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.

Date: March 19, 2012



|    |  |                                 
|--- |  | --------------------------------
|By: |  | /s/ Qunzhao Tan                 
|    |  | Name: Qunzhao Tan               
|    |  | Title:   Chief Executive Officer
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# U SA v . Robinson P r e c e de n t i al or N on-P r e c e de n t i al : P r e c e de n t i al D ocke t N o . 05-5330

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Thi s de c i sion i s br ou gh t t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 2007 D e c i sion s b y a n author i z e d a dmini s tr at or of V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

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w . vi l l a no va . e du/thir dc ir c uit_2007/1043P RE CE DE NT I AL UN I TED STATES CO UR T OF A PP EALS F O R T H E T H IR D C IR C U IT N o. 05- 5330 UNI TE D ST ATE S OF AM ERI CA

v. S HAWN RO BI NS ON, A p p e llan t.

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fort he D i s t r i ctof N ew J er s ey D i s t r i ctC our tN o. 04- cr - 00421 D istric t Ju d g e : H o n . Je ro m e B . S im a n d le

____________________ Subm i t t ed underT hi r d C i r cui tL A R 34. 1( a)

Februar y27, 2007 B efor e: M cK E E and A L D I SE R T , C i r cui tJ udges , and

R E ST A N I , * J udge ( Fi l ed: M ar ch 5, 2007)

OR DE R AM EN DI NG

OP IN ION At the direc tion of the Court, the opinion filed on Marc h 05, 2007 is amended to c orre ct theatto rn e y s o f re c ord. Th e de signatio n is a s f oll ow s:C aro li n e A . S ad low sk i, E sq u ir e

C h ri stop h er J. C h ri sti e, E sq u ir e U n i t e d S t a t e s A t t o r n e ys G eo rge S . L eo n e, E sq u ir e C hi ef, A ppeal s D i vi s i on 970 B r oad St r eet N ew ar k, N ew J er s ey07102

C ouns el forA ppel l ee * T he H onor abl e J ane A . R es t ani , C hi ef J udge, U . S. C our tof I nt er nat i onal T r ade, s i t t i ng bydes i gnat i on.
F or theCourt , /s/Marcia M. Waldron Clerk DATED: Ma

y 7, 2007 tmk/cc: J ohn F. Renne r, Esq. Georg e S. L eone, E sq. Caroline A. Sadlowski, Esq.