alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Notices]
[Page 67358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33515]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Allegheny Hydro No. 8 and 9 LP and Connecticut National Bank; 
Notice of Availability of Draft Environmental Assessment

[Project No. 3021-048]
December 18, 1997.
    A draft environmental assessment (EA) is available for public 
review. The draft EA analyzes the environmental impacts of installing 
15-inch flashboards on the top of Lock and Dam 9, part of the Allegheny 
River Lock and Dam 8 and 9 Hydroelectric Project No. 3021-048. The 
Commission is considering requiring flashboards, from about May 1 
through October 31 each year, to rectify project-induced lower water 
levels and associated impacts to recreational boating in the Lock and 
Dam 9 pool. The draft EA contains Commission staff's preliminary 
analysis that 15-inch flashboards are needed and installation would not 
constitute a major federal action significantly affecting the quality 
of the human environment. The Allegheny River Lock and Dam 8 and 9 
Project is on the Allegheny River near the City of Kittanning, in 
Armstrong County, Pennsylvania.
    The draft EA was written by staff in the Office of Hydropower 
Licensing, Federal Energy Regulatory Commission. Copies of the draft EA 
can be obtained by calling the Commission's Public Reference Room at 
(202) 208-1371.
    Please submit any comments on the draft EA within 60 days from the 
date of this notice. Any comments, conclusions, or recommendations that 
draw upon studies, reports, or other working papers of substance should 
be supported by appropriate documentation. Comments should be addressed 
to: Ms. Lois D. Cashell, Secretary, Federal Energy Regulatory 
Commission, 888 First Street N.E., Washington, DC 20426. Please affix 
Project No. 3021-048 to all comments.
Lois D. Cashell,
Secretary.
[FR Doc. 97-33515 Filed 12-23-97; 8:45 am]
BILLING CODE 6717-01-M
#### John R. YARBROUGH v. TRI-STATE OIL TOOL INDUSTRIES.

No. 47282.

Supreme Court of Mississippi.

Nov. 5, 1973.

Deen, Cameron, Prichard & Young, Meridian, for appellant.

Witherspoon & Compton, Meridian, for appellee.

Appeal from Circuit Court, Lauderdale County; Lester F. Williamson, Judge.

Before GILLESPIE, C. J., and PATTERSON, INZER, WALKER and BROOM, JJ.

Affirmed.
Revised Exhibit 23.1

                                                                    EXHIBIT 23.1




                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (commission file No. 33-51584), on Form S-8 (commission
file No. 33-68890), and on Form S-3 (commission file No. 333-15463) of our
report dated February 18, 1997 with respect to the consolidated financial
statements of Appliance Recycling Centers of America, Inc., appearing in the
Company's Annual Report on Form 10-K for the year ended December 28, 1996.



                                                        McGLADREY & PULLEN, LLP


Minneapolis, Minnesota
June 5, 1997
#### CITY OF MIAMI, Petitioner, v. Rosalind MASON, Respondent.

No. 71-8.

District Court of Appeal of Florida, Third District.

March 23, 1971.

Rehearing Denied April 30, 1971.

Alan H. Rothstein, City Atty., and S. R. Sterbenz, Asst. City Atty., for petitioner.

Engel & Halpern and John A. Boccabel-la, Miami, for respondent.

Before PEARSON, C. J., and CHARLES CARROLL and HENDRY, JJ.

PEARSON, Chief Judge.

The respondent, Rosalind Mason, was found guilty after trial in the Municipal *592Court of the City of Miami of solicitation for prostitution. Upon appeal to the circuit court, that court reversed the conviction basing its reversal upon Williams v. United States, 71 App.D.C. 377, 110 F.2d 554 (1940). The City of Miami has filed a petition for writ of certiorari in this court alleging that the circuit court departed from the essential requirements of law in that the appellate court substituted its judgment as to matters of fact for that of the trial court. See Felton v. City of Pensacola, Fla.App.1967, 200 So.2d 842, reversed on other grounds, 390 U.S. 340, 88 S.Ct. 1098, 19 L.Ed.2d 1220 (1968).

A review of the record which was before the circuit court convinces us that the City did in fact establish a prima facie case of solicitation for prostitution against the respondent. The only way that the factual situation set forth in Williams v. United States, supra, could be applicable would be for the reviewing court to have refused to believe the testimony of the officer who made the arrest and to have accepted the testimony of the respondent in its entirety together with all of the inferences therefrom. In view of the numerous cases holding that it’s not within purview of an appellate court to retry controverted issues of fact, we hold that the circuit court departed from the essential requirements of law in the application of the Williams opinion, see State v. Sebastian, Fla.1965, 171 So.2d 893.

The factual basis of the Williams case which was cited by the circuit court in its opinion is that the accused in that case voluntarily got into the car of a stranger after asking him if he would like to have a date. Upon entering the car, she offered only to ride around with him. There was no discussion of monetary remuneration. The facts of the case presently under review as testified to by the police officer are that: 1) the respondent accosted the police officer who was a stranger to her; 2) she asked him if he wanted to have a good time; 3) there was a discussion of price and an agreement to pay the price; 4) there was a demand that the police officer pay for a room which was agreed to; 5) there was a meeting in front of the room for the purpose of carrying out the contract. We think that the fact of the discussion of the price to be paid and the other elements listed clearly distinguish this case from the holdings in Williams v. United States, supra.

The petition for certiorari is granted and the opinion and judgment of the circuit court reversing the conviction is quashed and the cause remanded to the circuit court with directions to affirm the decision of the Municipal Court of Miami.

It is so ordered.
#### WATSON AND COMPANY, Petitioner, v. Edward C. TIETIG, Respondent. ZINKE-SMITH & RELIANCE INS. CO., et al., Petitioners, v. Edward C. TIETIG, Respondent.

Nos. 43866, 43865.

Supreme Court of Florida.

Oct. 8, 1973.

Certiorari denied.

CARLTON, C. J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur.
#### STATE of Louisiana v. Malcolm J. FALGOUST.

No. 61957.

Supreme Court of Louisiana.

July 3, 1978.

In re: Malcolm J. Falgoust, applying for writs of certiorari, prohibition, mandamus and stay order. St. John the Baptist Parish.

Writ denied.

TATE, DIXON, and DENNIS, JJ., would grant the writ.
r--6--6f 

IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 23-0151

RALPH V. HUTT,

 Plaintiff and Appellee,

 v.

MARYLAND CASUALTY 

CORPORATION,

 Defendant and Appellant.

ORDER OF MEDIATOR APPOINTMENT

This appeal being subject to M.R.App.P. 7, and the parties having failed to jointly 

and timely select a mediator under M.R.App.P., 7(4),(c),

IT IS ORDERED THAT Curtis G. Thompson, whose name appears next on the 

list of attorneys desiring appointment as mediators for Money Judgments appeals which 

is maintained pursuant to M.R.App.P., 7(4)(e), is hereby appointed to conduct the 

mediation process required by M.R.App.P., 7(5), and 

IT IS FURTHER ORDERED that the time periods set forth in M.R.App.P., 

7(5)(d) shall run from the date of this order of appointment.

A true copy of this order is being mailed to counsel of record for the parties, or to 

the parties individually if not represented by counsel, on the date hereof.

DATED this March 27, 2023.

Bowen Greenwood, Clerk of the Supreme Court

c: Jinnifer Jeresek Mariman, jmariman@mcgarveylaw.com;

ktorbeck@mcgarveylaw.com

Clifford Edwards, jenny@edwardslawfirm.org;

carol.flanagan@edwardslawfirm.org 

Allan M. McGarvey, amcgarvey@mcgarveylaw.com

03/27/2023

Case Number: DA 23-0151
Chris Edwards, Chris@edwardslawfirm.org

Dustin Alan Richard Leftridge, dleftridge@mcgarveylaw.com

Edward J. Longosz, II, elongosz@eckertseamans.com

Matthew B. Hayhurst, mhayhurst@boonekarlberg.com

Natasha Prinzing Jones, npjones@boonekarlberg.com

Thomas J. Leonard, tleonard@boonekarlberg.com

Mark A. Johnston, mjohnston@eckertseamans.com

Curtis G. Thompson, thompsonlaw2013@gmail.com
EXHIBIT 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO RULE 13A-14(A) UNDER THE SECURITIES EXCHANGE ACT OF 1934
 
 I, Bernard Goldstein, Chief Executive Officer of Isle of Capri Casinos, Inc., certify that:
 
 1. I have reviewed this annual report on Form 10-K of Isle of Capri Casinos, Inc.;
 
 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
 
 3. Based on my knowledge, the financial statements, and other financial information included in this 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 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-15(e) and 15d-15(e)) for the registrant and have:
 
 (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
 (b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
 (c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants first fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
 
 5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):
 
 (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and
 
 (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
 
 
 
 
 Date: June 29, 2004
 /s/ Bernard Goldstein
 Bernard Goldstein
 Chief Executive Officer
Docket Number FAA - 2014 - 0448
**Docket Number FAA -**  **2014 -**  **0058**
<PAGE>
<PAGE> 21

                                                             Exhibit 12

<TABLE>
              AMERICAN GENERAL FINANCE, INC. AND SUBSIDIARIES
             Computation of Ratio of Earnings to Fixed Charges
                                (Unaudited)


<CAPTION>
                                                   Three Months Ended   
                                                        March 31,      
                                                   1999          1998  
                                                 (dollars in thousands)
<S>                                              <C>           <C>
Earnings:
  Income before provision for income
    taxes                                        $ 79,739      $ 71,129
  Interest expense                                137,545       121,702
  Implicit interest in rents                        3,692         2,819

Total earnings                                   $220,976      $195,650


Fixed charges:
  Interest expense                               $137,545      $121,702
  Implicit interest in rents                        3,692         2,819

Total fixed charges                              $141,237      $124,521


Ratio of earnings to fixed charges                   1.56          1.57
</TABLE>
<PAGE>
EXHIBIT 3.4


                            ARTICLES OF AMENDMENT OF
                          ARTICLES OF INCORPORATION OF
                  APPLIANCE RECYCLING CENTERS OF AMERICA, INC.


         The undersigned, as President and Chief Executive Officer of Appliance
Recycling Centers of America, Inc., a corporation subject to the provisions of
Chapter 302A of the Minnesota Statutes (the "Corporation"), does hereby certify
that the following resolutions were adopted by the Corporation's Board of
Directors, by the required vote of said Directors, effective as of March 7,
1997, and does hereby further certify that the following resolutions were
adopted by the Corporation's Shareholders, by the required vote of said
Shareholders on April 24, 1997:

         NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors and
         Shareholders hereby authorize the amendment of the Corporation's
         Articles of Incorporation increasing the shares of authorized capital
         stock from five million (5,000,000) shares, without par value, to ten
         million (10,000,000) shares, without par value.

         FURTHER RESOLVED, that, to effect said amendment, Article 3, paragraph
         A of the Corporation's Articles of Incorporation hereby is amended to
         read as follows:

                          "ARTICLE 3. AUTHORIZED SHARES

                           The total number of shares of stock which the
                  corporation shall have authority to issue is ten million
                  (10,000,000) shares, all of which shares shall be Common Stock
                  without par value."

         FURTHER RESOLVED, that the Corporation's officers are hereby authorized
         and directed to execute such documents and certificates and to take
         such other actions and incur such other expenses as they may deem
         necessary to effectuate the above resolution, including, but not
         limited to, the execution and filing of Articles of Amendment with the
         Minnesota Secretary of State.

         IN WITNESS WHEREOF, Appliance Recycling Centers of America, Inc. has
caused these Articles of Amendment to be signed by its President and Chief
Executive Officer this 24th day of April, 1997.

                                                  /S/ EDWARD R CAMERON
                                                  ------------------------------
                                                  Edward R. Cameron
                                                  President and Chief Executive
                                                  Officer


                                  State of Minnesota
                                  Department of State
                                      Filed
                                  May 27, 1997
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JUAN BURGUENO,

 Defendant - Appellant.

No. 11-10569

D.C. No. 3:10-cr-00089-RCJ

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Robert Clive Jones, Chief Judge, Presiding

Submitted August 8, 2012** 

Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.

Juan Burgueno appeals from the 120-month sentence imposed following his

guilty-plea conviction for distribution of a controlled substance, in violation of 21

U.S.C. § 841(a)(1) and (b)(1)(A)(viii). We have jurisdiction under 28 U.S.C.

FILED

AUG 15 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-10569

§ 1291, and we affirm.

Burgueno contends that he received ineffective assistance of counsel

because his attorney did not adequately inform him that he would be subject to a

mandatory minimum sentence of 120 months, as he was ineligible for the safety

valve. The record does not establish that Burgeuno was inadequately informed by

counsel that, because of his criminal history, he would be subject to the mandatory

minimum sentence.

AFFIRMED.
From: Fairchild.Susan@e pamail.epa.gov [mailto:Fairchild.Susan@epamail.epa.gov]

Sent: Wednesday, January 05, 2011 4:52 PM

To: Angus Crane

Subject: Re: Mailing Address

Thanks for your email. My addresses are below my signature line, at the end of this email.

I'd also like to as k you about the best way to follow up on some deficiencies in the 114 information. All

companies produced a letter to EPA which detailed the information they would be submitting in

response to the 114. However, there are some deficiencies in the data we have received.

Would you prefer that I go directly to the individual companies to address this problem or work through

you? Although it is ultimately the responsibility of each company to comply with the 114, because we

worked through NAIMA in sending t his 114 out, I'm willing to continue that as long as the companies

resolve the discrepancies. Our contractor is compiling a list of these discrepancies now.

Susan Fairchild

Environmental Scientist

U.S. Environmental Protection Agency

direct line: 919.54 1.5167

fax: 919.541

- 3207

email: fairchild.susan@epa.gov

Overnight mail address:

US EPA

Mail Code D243

- 02

109 TW Alexander Drive

RTP, NC 27709

FedEx and Packages:

USEPA / OAQPS / SPPD

Mail Code D 243

- 02

RTP, NC 27711

"We can not solve our problems by using the same kind of thinking we used when we created them"

--

Albert Einstein
#### In re: Larry Kenneth ALEXANDER, Debtor, Larry Kenneth Alexander, Appellant, v. Mary Jo A. Jensen-Carter, Appellee.

No. 02-1067.

United States Court of Appeals, Eighth Circuit.

Submitted Aug. 5, 2002.

Filed Aug. 8, 2002.

Before LOKEN, BYE, and RILEY, Circuit Judges.

*33PER CURIAM.

Larry Kenneth Alexander appeals the Bankruptcy Appellate Panel’s (BAP’s) order affirming the bankruptcy court’s1 denial of his motion for relief from judgment under Federal Rule of Civil Procedure 60(b) and 11 U.S.C. § 105. Alexander also has moved to strike appellee’s addendum and portions of appellee’s brief.

Alexander’s Rule 60(b) motion sought relief from a June 1999 bankruptcy court decision disallowing his claimed homestead exemption, which the BAP and Eighth Circuit affirmed. We conclude the bankruptcy court did not abuse its discretion in denying Alexander relief. *See In re Zimmerman,*869 F.2d 1126, 1127-28 (8th Cir. 1989) (standard of review); *Klein v. Arkoma Prod. Co.,*73 F.3d 779, 784 (8th Cir.) (under law-of-case doctrine, every question which appellate court has disposed of by decree is finally settled and determined, and district court is bound to carry decree into execution according to mandate), *cert, denied,*519 U.S. 815, 117 S.Ct. 65, 136 L.Ed.2d 27 (1996); *Baker Elec. Co-op., Inc. v. Chaske,*28 F.3d 1466, 1475 (8th Cir.1994); *Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee,*456 U.S. 694, 702 n. 9, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982). We also deny Alexander’s motion to strike.

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Dennis D. O’Brien, United States Bankruptcy Judge for the District of Minnesota.
#### CITY OF HIALEAH et al., Appellants, v. HOUSING CORP. OF AMERICA et al., Appellees.

No. 70-1136.

District Court of Appeal of Florida, Third District.

Dec. 22, 1970.

Ralph F. Miles, Hialeah, for appellants. Colson & Hicks, Miami, Alden S. Tarte and John S. Post, Hialeah, for appellees.

Before PEARSON, C. J., and CHARLES CARROLL and HENDRY, JJ-

PER CURIAM.

The appellants urge a procedural defect in the issuance of a peremptory Writ of Mandamus. We hold that no reversible error has been shown because the proceeding complied fully with all due process requirements. See LaGorce Country Club v. Cerami, Fla.1954, 74 So.2d 95.

Affirmed.
#### FIREMAN’S FUND INSURANCE COMPANY, a California corporation, Appellant, v. LOWRY ELECTRIC COMPANY, a Florida corporation, Appellee.

No. 69-505.

District Court of Appeal of Florida. Third District.

July 16, 1969.

PER CURIAM.

Appeal dismissed.
<PAGE> 32

                                                                 Exhibit 12


           AMERICAN GENERAL FINANCE CORPORATION AND SUBSIDIARIES
             Computation of Ratio of Earnings to Fixed Charges
                                (Unaudited)




                                                        Three Months Ended
                                                             March 31,
                                                        2003          2002
                                                      (dollars in thousands)

Earnings:
  Income before provision for income
    taxes                                             $129,433      $121,020
  Interest expense                                     141,829       135,952
  Implicit interest in rents                             4,627         4,373

Total earnings                                        $275,889      $261,345


Fixed charges:
  Interest expense                                    $141,829      $135,952
  Implicit interest in rents                             4,627         4,373

Total fixed charges                                   $146,456      $140,325


Ratio of earnings to fixed charges                        1.88          1.86
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2472 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 2472

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2022

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 82422 Cadiz Jewett Road in Cadiz, Ohio, as the ``John Armor Bingham 
                             Post Office''.

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

SECTION 1. JOHN ARMOR BINGHAM POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 82422 Cadiz Jewett Road in Cadiz, Ohio, shall be known and 
designated as the ``John Armor Bingham Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``John Armor 
Bingham Post Office''.

            Passed the House of Representatives July 12, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```