alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

February 21, 2018 Session

CRYSTAL HERPST v. PARKRIDGE MEDICAL CENTER, INC. ET AL.

Appeal from the Circuit Court for Hamilton County

No. 15C1351 Ward Jeffrey Hollingsworth, Judge

___________________________________

No. E2017-00419-COA-R3-CV

___________________________________

W. NEAL MCBRAYER, J., concurring.

I concur in the majority’s conclusion that it was unnecessary for the trial court to 

treat the motions of LeAnthony A. Hardy, M.D., Parkridge Medical Center, Inc. 

Chattanooga Diagnostic Associates, LLC, and Columbia Medical Group-Parkridge, Inc. 

to dismiss as motions for summary judgment. But I reach that conclusion without resort 

to the pleadings filed in another case. Examining the allegations of the complaint filed in 

this action only, Crystal Herpst filed outside the applicable statute of limitations. So on 

the basis of the pleadings filed in this case I would affirm the dismissal of the complaint. 

The complaint filed by Ms. Herpst contains all the information necessary to 

determine that her action was untimely. As the majority explains, the factual allegations 

made by Ms. Herpst demonstrate that she had constructive notice of her medical 

malpractice claim by July 3, 2013. Ms. Herpst filed suit on November 13, 2015, well 

outside of the one-year statute of limitations provided for under Tennessee Code 

Annotated § 29-26-116(a) (2012). 

In response to the motions to dismiss, Ms. Herpst raised the issue of the saving 

statute, Tennessee Code Annotated § 28-1-105(a) (2017). But to determine that the 

saving statute does not apply one must look no further than the complaint filed in this 

action. The complaint alleges that Ms. Herpst “originally filed suit for damages on 

November 6, 2014, Herpst vs. Parkridge Medical Center, Inc. et al, Circuit Court, 

Hamilton County, TN No. 14C1329, which case was voluntarily non-suited on January 

12, 2015.”

1

 

 

1 Apparently, Ms. Herpst anticipated the assertion of the statute of limitations by the defendants. 

Ordinarily, the burden of producing evidence that the saving statute applies falls on the plaintiff when the 

statute of limitations is asserted as a bar to the action. Knox Cty. v. Moncier, 455 S.W.2d 153, 158 (Tenn. 

08/23/2018
2

Because the complaint filed by Ms. Herpst in this action contains all the 

information needed to resolve the motions to dismiss, I find it unnecessary to reach the 

issue of whether the complaint filed by Ms. Herpst in the original suit was “outside of the 

pleadings.” See Tenn. R. Civ. P. 12.02. Thus, I do not join in part III of the opinion. 

 

_________________________________

W. NEAL MCBRAYER, JUDGE

 

1970) (opinion on petition to rehear). But, when in anticipation of the defense, the plaintiff alleges facts 

“which would bring his cause of action within the saving statute, and these facts are not specifically 

denied by the defendant, he is then relieved from the statutory bar and need not produce any proof 

pertaining thereto.” Id.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack,

 Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 M 

arch 26, 2021

Order 

Clerk

March 26, 2021

162596(55)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

SC: 162596

v COA: 350386

Kent CC: 18-007432-FH

MICHAEL DEAN DUPRE,

Defendant-Appellant.

______________________________________/

On order of the Chief Justice, the joint motion of the National College for DUI 

Defense and the Criminal Defense Attorneys of Michigan to file a brief amicus curiae 

within 28 days of this order and to waive the fee is GRANTED.
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART THREE

UNION POLICIES AND INTERNAL ACTIONS

UNION POLICIES AND INTERNAL ACTIONS

TITLE V

AREA OF FREEDOM, SECURITY AND JUSTICE

AREA OF FREEDOM, SECURITY AND JUSTICE

CHAPTER 1

GENERAL PROVISIONS

Article 75

(ex Article 60 TEC)

(ex Article 60 TEC)

Where necessary to achieve the objectives set out in Article 67, as regards preventing and combating terrorism and related activities, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall define a framework for administrative measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities.

The Council, on a proposal from the Commission, shall adopt measures to implement the framework referred to in the first paragraph.

The acts referred to in this Article shall include necessary provisions on legal safeguards.

---
##### 



AMENDMENT NO. 3
TO THE
SPECIALTY UNDERWRITERS ALLIANCE, INC.
PARTNER AGENT PROGRAM AGREEMENT
    A.
    
    Except as otherwise provided in this Commission Schedule, Partner Agents Commission
shall be as follows:
 Program Description
    
    Line of Business
    
    Maximum Rate of CommissionRoofing Contractors in
the states specifically
described in the
underwriting guidelines
of the Company
    
    General Liability and
Commercial Automobile
    
    16% for business written through
retail brokerage; 12% for business
written direct or through American
American Builders & Contractors
Supply Co., Inc. also d/b/a ABC Supply Co., Inc.;
provided that
the overall rate of commission
shall not exceed 15%




---



##### 



SPECIALTY UNDERWRITERS ALLIANCE, INC.BY: 
NAME:
    
    /s/ William S. Loder

William S. LoderTITLE:
    
    Senior Vice President, Chief Underwriting OfficerAMERICAN PATRIOT INSURANCE AGENCY, INC.BY: 
NAME:
    
    /s/ Lysa Saran

Lysa SaranTITLE:
    
    President
##### 



Exhibit 32.1
 
  (1)
    
    The Quarterly Report of the Company on Form 10-Q for the period ended June 30,
2006 as filed with the Securities and Exchange Commission on the date hereof (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 as of, and
for, the periods presented in the Report.
 /s/ Paul A. Ormond
Paul A. Ormond
Chairman, President and Chief Executive Officer
August 4, 2006
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENT OF OPERATIONS AND
COMPREHENSIVE INCOME FOUND ON PAGES 4 AND 5 OF THE COMPANY'S FORM 10-QSB FOR THE
THREE MONTHS ENDED MAY 2, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1999
<PERIOD-END>                               MAY-02-1999
<CASH>                                         273,720
<SECURITIES>                                         0
<RECEIVABLES>                                   66,589
<ALLOWANCES>                                  (35,698)
<INVENTORY>                                  1,832,073
<CURRENT-ASSETS>                             2,235,189
<PP&E>                                       4,184,991
<DEPRECIATION>                             (1,596,662)
<TOTAL-ASSETS>                               4,954,584
<CURRENT-LIABILITIES>                        1,679,914
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,128
<OTHER-SE>                                   2,623,896
<TOTAL-LIABILITY-AND-EQUITY>                 4,954,584
<SALES>                                      2,815,098
<TOTAL-REVENUES>                             2,815,098
<CGS>                                          865,035
<TOTAL-COSTS>                                2,183,244
<OTHER-EXPENSES>                               (4,709)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,081
<INCOME-PRETAX>                              (239,188)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (239,188)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (239,188)
<EPS-BASIC>                                    (0.242)
<EPS-DILUTED>                                  (0.242)


</TABLE>
#### Edna VAN der SCHELLING, Appellant, v. U. S. NEWS *&*WORLD REPORT, INC.

No. 14394.

United States Court of Appeals Third Circuit.

Argued Nov. 18, 1963.

Decided Dec. 5, 1963.

Harry Lore, Philadelphia, Pa. (Dorfman, Pechner, Sacks & Dorfman, Philadelphia, Pa., on the brief), for appellant.

James H. McGlothlin, Washington, D. C. (Philip H. Strubing, Pepper, Hamilton & Scheetz, Philadelphia, Pa., David B. Isbell, Covington & Burling, Washington, D. C., on the brief), for appellee.

Before KALODNER, HASTIE and GANEY, Circuit Judges.

*957PER CURIAM.

On review of the record we find no error. The Judgment of the District Court will be affirmed for the reasons so well stated by Judge Joseph S. Lord, III, in his excellent Opinion, reported at 213 F. Supp. 756 (E.D.Pa.1963).
#### The People of the State of New York, Respondent, v Vincent Acosta, Appellant.

—Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered February 23, 1989, convicting defendant, after a jury trial, of rape in the first degree, sodomy in the first degree and robbery in the first degree, and sentencing him to concurrent prison terms of *8V3*to 25 years on the rape and sodomy convictions, and a consec*364utive prison term of 3 to 9 years on the robbery conviction, unanimously affirmed.

Two uniformed police officers were sitting in a parked patrol car when they noticed the complainant walking, on crutches, to a pay phone. After the complainant made the call, the officers observed defendant cross the street and walk beside her until they eventually lost sight of both of them. Thereafter, defendant forced complainant, at gunpoint, into an apartment building, assaulted, sodomized, raped and robbed her.

The evidence of defendant’s guilt was legally sufficient. *(People v Patterson,*155 AD2d 363.) While defendant highlights several inconsistencies in the testimony, these inconsistencies were minor and it was within the province of the jury to resolve them. Further, while no sperm was found, either in complainant’s body or on her clothing, she testified that she had washed herself before she was examined, and there was other physical evidence which was consistent with defendant’s guilt of the instant crimes.

The testimony of one of the officers who had seen the defendant prior to the assault, that defendant matched the complainant’s description of the assailant, was not improper bolstering pursuant to *People v Trowbridge*(305 NY 471), since the officer was testifying as to his own personal observations. *(People v Candelario,*156 AD2d 191, *lv denied*75 NY2d 964.)

The imposition of consecutive sentences was proper and warranted under the circumstances *(see,*Penal Law § 70.25 [2]; *People v Day,*73 NY2d 208). Concur—Sullivan, J. P., Carro, Wallach and Rubin, JJ.
<PAGE>

                                                                     Exhibit 4.4


                              CERTIFICATE OF TRUST
                                       OF
                           CHITTENDEN CAPITAL TRUST I

          THIS Certificate of Trust of Chittenden Capital Trust I (the "Trust")
is being duly executed and filed by the undersigned, as trustees, to form a
business trust under the Delaware Business Trust Act (12 Del. C. (S) 3801, et
                                                         -------           --
seq.) (the "Act").
---

          1.   Name. The name of the business trust formed hereby is "Chittenden
               ----
Capital Trust I".

          2.   Delaware Trustee. The name and business address of the trustee of
               ----------------
the Trust in the State of Delaware are The Bank of New York (Delaware), White
Clay Center, Route 273, Newark, Delaware 19711.

          3.   Effective Date. This Certificate of Trust shall be effective upon
               --------------
filing with the Secretary of State of the State of Delaware.

          IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust,
have duly executed this Certificate of Trust in accordance with Section 3811(a)
of the Act.

                                   THE BANK OF NEW YORK (DELAWARE), not in its
                                   individual capacity but solely as trustee of
                                   the Trust

                                   By:    /s/ William T. Lewis
                                          --------------------
                                   Name:  William T. Lewis
                                   Title: Senior Vice President

                                   THE BANK OF NEW YORK, not in its individual
                                   capacity but solely as trustee of the Trust

                                   By:    /s/ Kisha A. Holder
                                          -------------------
                                   Name:  Kisha A. Holder
                                   Title: Assistant Treasurer

                                   /s/ F. Sheldon Prentice
                                   -----------------------
                                   F. SHELDON PRENTICE, not in his individual
                                   capacity but solely as trustee of the Trust
Order issued April 17, 2015

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-13-01045-CR

———————————

EX PARTE RICHARD MARK BOWMAN, Appellant

On Appeal from the County Criminal Court at Law No. 2

Harris County, Texas

Trial Court Case No. 1921607

ORDER

Appellant, Richard Mark Bowman, challenged the trial court’s order 

denying his application for a writ of habeas corpus. See TEX. CODE CRIM. PROC.

ANN. art. 11.072, § 8 (Vernon Supp. 2014). In his appeal to this Court, appellant 

argued that the trial court had erred in denying him relief from a judgment of 

conviction of the misdemeanor offense of driving while intoxicated because his 
2

trial counsel had rendered him ineffective assistance. Ex parte Bowman, 444 

S.W.3d 272, 274 (Tex. App.—Houston [1st Dist.]), rev’d, 447 S.W.3d 887 (Tex. 

Crim. App. 2014). We held that the State had “waived the defense” of laches. Id.

at 278–79. Based on the trial court’s findings of fact, we further held that 

appellant’s trial counsel had rendered him ineffective assistance, and we reversed 

the trial court’s order and granted appellant habeas relief. Id. at 281–82. After the 

State filed a petition for discretionary review, the Texas Court of Criminal Appeals 

vacated this Court’s judgment, and remanded the case to this Court “to remand to 

the trial court for a hearing on the laches issue.” Ex parte Bowman, 447 S.W.3d 

887, 888–89 (Tex. Crim. App. 2014). 

On January 27, 2015, we abated the case and remanded it to the trial court to 

conduct an evidentiary hearing on the laches issue and enter supplemental findings 

of fact and conclusions of law. On March 2, 2015, the trial held a hearing on the 

laches issue. The court reporter has filed the reporter’s record of that hearing, 

which includes the trial court’s findings stated on the record. Accordingly, we 

reinstate this case on the Court’s active docket.

Appellant’s brief on the laches issue based on the trial court’s findings stated 

on the record is ordered to be filed in this Court no later than 20 days from the date 

of this order. See TEX. R. APP. P. 31.1. Appellee’s brief, if any, is ordered to be 

filed no later than 20 days from the date of the filing of appellant’s brief. See id.
3

It is so ORDERED.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Lloyd.

Do not publish. TEX. R. APP. P. 47.2(b).
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Page 82345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25966]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5867-000]


Alice Falls Hydro, LLC; Notice of Authorization for Continued 
Project Operation

    The license for the Alice Falls Hydroelectric Project No. 5867 was 
issued for a period ending September 30, 2023.
    Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the 
Commission, at the expiration of a license term, to issue from year-to-
year an annual license to the then licensee(s) under the terms and 
conditions of the prior license until a new license is issued, or the 
project is otherwise disposed of as provided in section 15 or any other 
applicable section of the FPA. If the project's prior license waived 
the applicability of section 15 of the FPA, then, based on section 9(b) 
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth 
at 18 CFR 16.21(a), if the licensee of such project has filed an 
application for a subsequent license, the licensee may continue to 
operate the project in accordance with the terms and conditions of the 
license after the minor or minor part license expires, until the 
Commission acts on its application. If the licensee of such a project 
has not filed an application for a subsequent license, then it may be 
required, pursuant to 18 CFR 16.21(b), to continue project operations 
until the Commission issues someone else a license for the project or 
otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is 
hereby given that an annual license for Project No. 5867 is issued to 
Alice Falls Hydro, LLC for a period effective October 1, 2023, through 
September 30, 2024, or until the issuance of a new license for the 
project or other disposition under the FPA, whichever comes first. If 
issuance of a new license (or other disposition) does not take place on 
or before September 30, 2024, notice is hereby given that, pursuant to 
18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is 
renewed automatically without further order or notice by the 
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is 
hereby given that Alice Falls Hydro, LLC is authorized to continue 
operation of the Alice Falls Hydroelectric Project under the terms and 
conditions of the prior license until the issuance of a subsequent 
license for the project or other disposition under the FPA, whichever 
comes first.

    Dated: November 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-25966 Filed 11-22-23; 8:45 am]
BILLING CODE 6717-01-P
# C_2016202EN.01035001.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/350 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/350

---

41.   Declaration on Article 352 of the Treaty on the Functioning of the European Union

Declaration on Article 352 of the Treaty on the Functioning of the European Union

The Conference declares that the reference in Article 352(1) of the Treaty on the Functioning of the European Union to objectives of the Union refers to the objectives as set out in Article 3(2) and (3) of the Treaty on European Union and to the objectives of Article 3(5) of the said Treaty with respect to external action under Part Five of the Treaty on the Functioning of the European Union. It is therefore excluded that an action based on Article 352 of the Treaty on the Functioning of the European Union would only pursue objectives set out in Article 3(1) of the Treaty on European Union. In this connection, the Conference notes that in accordance with Article 31(1) of the Treaty on European Union, legislative acts may not be adopted in the area of the Common Foreign and Security Policy.

---
State Name County Name Commodity Change Date Market 1 Differential 1 Market 2 Differential 2

Delaware Kent BRL 11/15/2007 GLF -0.91

Delaware Kent CAN 11/15/2007 AUG -1.99 ARL -2.74

Delaware Kent FLX 11/15/2007 FAR -3.41 RDW -3.26

Delaware Kent MUS 11/15/2007 GFK -2.96 GRF -2.96

Delaware Kent OAT 5/1/2009 MIN -0.28

Delaware Kent RAP 11/15/2007 GRF -2.96

Delaware Kent SAF 11/15/2007 COL -2.96 COR -2.96

Delaware Kent SEM 11/15/2007 PAR -1.02

Delaware Kent SOR 11/15/2007 CIN -0.28 GLF -0.69

Delaware Kent SRW 11/15/2007 CIN -0.22 TOL -0.20

Delaware Kent SUN 11/15/2007 FAR -4.05

Delaware Kent YC 11/15/2007 CIN -0.02 GLF -0.32

Delaware Kent YSB 11/15/2007 CIN -0.22 GLF -0.55

Delaware New Castle BRL 11/15/2007 GLF -0.91

Delaware New Castle CAN 11/15/2007 AUG -2.06 ARL -2.81

Delaware New Castle FLX 11/15/2007 FAR -3.41 RDW -3.26

Delaware New Castle MUS 11/15/2007 GFK -2.96 GRF -2.96

Delaware New Castle OAT 5/1/2009 MIN -0.28

Delaware New Castle RAP 11/15/2007 GRF -2.96

Delaware New Castle SAF 11/15/2007 COL -2.96 COR -2.96

Delaware New Castle SEM 11/15/2007 PAR -1.02

Delaware New Castle SOR 11/15/2007 CIN -0.28 GLF -0.69

Delaware New Castle SRW 11/15/2007 CIN -0.22 TOL -0.20

Delaware New Castle SUN 11/15/2007 FAR -3.97

Delaware New Castle YC 11/15/2007 CIN -0.02 GLF -0.32

Delaware New Castle YSB 11/15/2007 CIN -0.22 GLF -0.55

Delaware Sussex BRL 11/15/2007 GLF -0.91

Delaware Sussex CAN 11/15/2007 AUG -1.99 ARL -2.66

Delaware Sussex FLX 11/15/2007 FAR -3.41 RDW -3.34

Delaware Sussex MUS 11/15/2007 GFK -2.96 GRF -2.96

Delaware Sussex OAT 5/1/2009 MIN -0.28

Delaware Sussex RAP 11/15/2007 GRF -2.96

Delaware Sussex SAF 11/15/2007 COL -2.96 COR -2.96

Delaware Sussex SEM 11/15/2007 PAR -1.02

Delaware Sussex SOR 11/15/2007 CIN -0.28 GLF -0.69

Delaware Sussex SRW 11/15/2007 CIN -0.22 TOL -0.20

Delaware Sussex SUN 11/15/2007 FAR -4.13

Delaware Sussex YC 11/15/2007 CIN -0.02 GLF -0.32

Delaware Sussex YSB 11/15/2007 CIN -0.22 GLF -0.55
EXHIBIT 32.2



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002

(18 U.S.C. SECTION 1350)



In connection with the accompanying
Quarterly Report of Equus Total Return, Inc. (the “Fund”) on Form 10-Q for the quarter ended March 31, 2016 (the “Report”),
I, L’Sheryl D. Hudson, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | To my knowledge, the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                    |  |                                                   
|------------------- |  | --------------------------------------------------
|Dated: May 11, 2016 |  | /s/ L’Sheryl D. Hudson                            
|                    |  | L’Sheryl D. Hudson
        Chief Financial Officer