alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*OPINION ISSUED OCTOBER 6, 2008*

#### MILDRED CARLOTTA YOUNG VS. DIVISION OF HIGHWAYS

(CC-08-0207)

Claimant appeared *pro se.*

Andrew F. Tarr, Attorney at Law, for respondent.

PER CURIAM:

Claimant brought this action for vehicle damage which occurred when her 2006 Nissan Altima struck a rock on Route 52 in Welch, McDowell County. Route 52 is a road maintained by respondent. The Court is of the opinion to deny this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred at approximately 1:45 p.m. on April 23, 2008. Route 52 is a paved, two-lane road at the area of the incident involved in this claim. As claimant was driving from Welch to Kimble at a speed of approximately twenty-five to thirty-five miles per hour, her vehicle struck a rock in the road. The vehicle in front of her went over the rock which caused the rock to flip back toward her vehicle and it went over the rock causing damage to her vehicle’s exhaust system. She explained that the rock must have fallen from the mountainside onto the roadway. Although claimant had traveled on this road earlier that day, she did not recall seeing the rock. As a result of this incident, claimant’s vehicle sustained damage to its exhaust system in the amount of $676.46.

The position of the respondent is that it did not have actual or constructive notice of the condition on Route 52. The respondent did not present any witnesses at the hearing.

The well-established principle of law in West Virginia is that the State is neither an insurer nor a guarantor of the safety of travelers upon its roads. *Adkins v. Sims,*130 W.Va. 645, 46 S.E.2d 81 (1947). In order to hold respondent liable for road defects of this type, a claimant must prove that respondent had actual or constructive notice of the defect and a reasonable time to take corrective action. *Chapman v. Dep’t. of Highways,*16 Ct. Cl. 103 (1986). In rock fall claims, this Court has held that the unexplained falling of a rock onto a highway without a positive showing that respondent knew or should have known of a dangerous condition posing injury to person or property is insufficient to *155justify an award. *Coburn v. Dep’t. of Highways,*16 Ct. Cl. 68 (1986).

In the present claim, claimant has not established that respondent failed to take adequate measures to protect the safety of the traveling public on Route 52. The Court cannot hold respondent liable for the spontaneous falling of a rock. While the Court is sympathetic to claimant’s plight, the fact remains that there is insufficient evidence of negligence on the part of respondent upon which to base an award.

In accordance with the findings of fact and conclusions of law stated herein above, the Court is of the opinion to and does deny this claim.

Claim disallowed.
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November 2 6 , 2013

Dr. David Danielson Energy Efficiency and Renewable Energy Department of Energy 1000 Independence Avenue, SW. Washington, DC 20585

Dear Assistant Secretary Danielson :

Samsung Electronics America, Inc. (“ Samsung ”) respectfully submits this Application for Interim Waiver and Petition for Waiver to the Department of Energy (“DOE” or “the Department”) for Samsung’s compressor refrigerator

- freezers with multiple defrost cyc les.

Reasoning 10 CFR Part 430.27(a)(1) allows a person to submit a petition to waive for a particular basic model any requirements of §430.23 upon the grounds that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures, or the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inacc urate comparative da ta. Current test procedures as prescribed in Appendix A1 to Subpart B of Part 430 (“Appendix A1”) do not adequately provide a way for Samsung to accurately represent the

energy consumption of its refrigerator

- freezers with multiple defrost cycles

. DOE concurred with Samsung’s understanding in the interim waiver granted to Samsung in 76 FR 16760 1 and subsequently granted the waiver on January 10, 2012 (77 FR 1474). Additionally, DOE

communicated that all manufacturers planning on marketing refrigerator

- freezers with multiple defrost cycles must seek a waiver from the Department. 2
For the reasons that DOE described in its granting of waiver (77 FR 1474) f or Samsung refrigerator freezers with multiple defrost cycles , Samsung believes that the granting of Interim

Waiver and Waiver for the models listed below are warranted.

1 DOE understands, however, that absent an interim waiver, Samsung’s products would not be accurately tested and rated for energy consumption because the current energy test procedure does not include test procedures for products with multiple defrost cycle types.

2 Until these amendments are required in conjunction with the 2014 standards, manufacturers introducing products equipped with multiple defrost cycle types should, consistent with 10 CFR 430.27, petition for a waiver since the modified version of Appendix A1 set out in today’s notice will not include a specified method for capturing this energy usage.Request

Samsung requests that the a lternate t est p rocedure for refrigerators with multiple defrost cycles, as prescribed in the waiver (77 FR 1474) and in the interim waiver ( 77 FR 13109 ) granted to Samsung, be granted for the following basic Samsung refrigerator

- freezers with multiple defrost cycles models:

RS25H5121**

RS25H5111**

Please feel free to contact me if you have any questions regarding this Petition for Waiver and Application for Interim Waiver

. I will be happy to discuss should any questions arise.

Sincerely,

Michael Moss

Director of Corporate Environmental Affairs
IN THE SUPREME COURT OF THE STATE OF MONTANA

______________________________________________________________________________ MIRIAM PENADO

Petit io ner and Appellant, On behalf o f Herself and A.A.H., born 2018 and A.M.H., born 2020,
v. DANIEL HUNTER, Respondent and Appellee. Ca u se No . DA - 23 - 0 692 **ORDER EXTENDING DUE DATE FOR**

**OPENING BRIEF**

UPON READING the unopposed Motion for an extension o f th e due date for the Opening Brief and finding good cause appearing therein. IT IS HEREBY ORDERED that the opening brief in the above - listed case is GRANTED an addit io nal thirty ( 30 ) days to file and must be filed by January 29 , 202 4 . Dated thi s _____ day

o f __________________________.

________________________ Judge / Clerk of the Supreme Court

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 28 2023

12/28/2023
Case Number: DA 23-0692
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     FDS for Physicians Information Exchange, Inc.
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```
**EXHIBIT 11**
```

```
                            JONES APPAREL GROUP, INC.
              Computation of Basic and Diluted Earnings per Share
                     (In millions except per share amounts)
```

```

                                         For the Year Ended December 31,
                                        --------------------------------
                                            2006        2005        2004
                                        --------    --------     -------
Basic Earnings per Share:
-------------------------
Net (loss) income....................    $(144.1)     $274.3      $301.8
                                        ========    ========     =======

Weighted average number of shares
outstanding..........................      110.6       118.0       123.6
                                        ========    ========     =======

Basic (loss) earnings per share......     $(1.30)      $2.33       $2.44
                                        ========    ========     =======

Diluted Earnings per Share:
---------------------------
Net (loss) income....................    $(144.1)     $274.3      $301.8
Add: interest expense associated
     with convertible notes,
     net of tax benefit..............          -           -         0.8
                                        --------    --------     -------
(Loss) income available to common
  shareholders.......................    $(144.1)     $274.3      $302.6
                                        ========    ========     =======

Weighted average number of shares
  outstanding........................      110.6       118.0       123.6
Effect of dilutive securities:
  Employee stock options.............          -         1.2         2.2
  Assumed conversion of convertible
    notes............................          -           -         0.7
                                        --------    --------     -------
                                           110.6       119.2       126.5
                                        ========    ========     =======
Diluted (loss) earnings per share....     $(1.30)      $2.30       $2.39
                                        ========    ========     =======
```
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in this Annual Report (Form 10-K) of Medarex, Inc. of our report
dated February 27, 2009, with respect to the consolidated financial statement of Medarex, Inc., included in the 2008 Annual Report to Shareholders of Medarex, Inc. We consent to
the incorporation by reference in the following Registration Statements:



---





of
our reports dated February 27, 2009 with respect to the consolidated financial statements of Medarex, Inc., and the effectiveness of internal control over financial reporting of
Medarex, Inc. included in this Annual Report (Form 10-K) for the year ended December 31, 2008.



MetroPark,
New Jersey
February 27, 2009

---



QuickLinks
**Exhibit
      32.1**





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
      OF
      2002**





In
      connection with the Annual Report on Form 10-K of ADDvantage Technologies Group,
      Inc. (the “Company”) for the year ended September 30, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”) I, Kenneth
      A. Chymiak, the 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:





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





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








/s/
      Kenneth A.
      Chymiak


Name:    Kenneth
      A. Chymiak


Title:       President and Chief Executive
      Officer


Date:      December
      28, 2007
#### McClintock, Appellant, *v.*Sweitzer, Appellee. 

(No. 28739

Decided October 22, 1941.)

*Messrs. Hart & McHenry,*for appellant.

*Messrs. Lynch, Hay, Pontius S Lynch*and *Messrs. Black, McCuskey, Buff S Souers,*for appellee.

It appearing that the judges of the court are equally divided in opinion as to the merits of this case (one judge not participating) and are for that reason unable to agree upon a judgment, and the entry of that fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that the judgment be affirmed.

*Judgment affirmed.*

Weygandt, C. J., Matthias and Zimmerman, JJ., concur.

Hart, J., not participating.
#### Turpin, Appellee, *v.*U. S. Guarantee Co., Appellant.

(No. 28639

Decided June 11, 1941.)

*Messrs. Kuth & TrenJcamp,*for appellee.

*Mr. John E. McNeal, Mr. Earley J. McNeal*and *Mr. T. Edward McNamara,*for appellant.

*479It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Turner, Williams, Hart, Zimmerman and Bettman, JJ., concur.

Matthias, J., not participating.
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