alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*OPINION ISSUED AUGUST 4, 2008*

#### SHERRY A. MCCUMBERS VS. DIVISION OF HIGHWAYS

(CC-07-0365)

Claimant appeared *pro se.*

Jason C. Workman, Attorney at Law, for respondent.

PER CURIAM:

Claimant brought this action for vehicle damage which occurred when her 2000 Hyundai Elantra struck a hole while the claimant was driving on Coal River Road in St. Albans, Kanawha County. The Court is of the opinion to make an award in this claim for the reasons more fully stated below.

The incident giving rise to this claim occurred at approximately 2:30 p.m. on November 28, 2007. Coal River Road is a two-lane, paved road with a center line and a white edge line. At the time of the incident, the claimant was traveling from Tornado to St. Albans. As she was driving around a curve on Coal River Road at approximately twenty-five miles per hour, her vehicle struck a hole in the road. The claimant stated that the hole was located approximately five-tenths of a mile from West Main Street. Since the claimant does not usually travel on Coal River Road, she did notice the hole on a prior occasion. As a result of this incident, the claimant’s vehicle had to be re-aligned. The total amount of claimant’s damages amounts to $78.64.

*128The position of the respondent is that it did not have actual or constructive notice of the condition on Coal River Road. The respondent did not call 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. *Dept. of Highways,*16 Ct. Cl. 103 (1986).

In the instant case, the Court is of the opinion that respondent had, at the least, constructive notice of the hole which claimant’s vehicle struck and that the hole presented a hazard to the traveling public. The location of the hole on the road leads the Court to conclude that respondent had notice of this hazardous condition. Thus, the Court finds respondent negligent, and claimant may make a recovery for the damage to her vehicle.

In accordance with the findings of fact and conclusions of law stated herein above, the Court is of the opinion to and does make an award to the claimant in the amount of $78.64.

Award of $78.64.
Document Headings

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                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. ER00-1053-004]

Take notice that on November 3, 2000, Maine Public Service Company (MPS), tendered for filing Original Sheet No. 196 inadvertently omitted from the open access transmission tariff filed with the Commission on October 13, 2000.

                    Any person desiring to be heard or to protest such filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All such motions and protests should be filed on or December 11, 2000. Protests will be considered by the Commission to determine the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Internet at                     *http://www.ferc.fed.us/​online/​rims.htm*                     (call 202-208-2222 for assistance). Comments and protests may be filed electronically via the internet in lieu of paper. See,                     *http://www/​ferc.fed.us/​efi/​doorbell.htm.*

David P. Boergers,

Secretary.

[FR Doc. 00-31128  Filed 12-6-00; 8:45 am]

BILLING CODE 6717-01-M
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Webb Interactive Services, Inc. (the Company)
on Form 10-QSB for the quarter ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lindley S. Branson, Vice President  General Counsel, the Companys principal
executive and principal financial officer, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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.



/s/ Lindley S. BransonVice President  General Counsel(Principal Executive and Principal Financial Officer)


Date: August 21, 2006
exv10wxby



 






EXHIBIT 10(b)




Peerless Mfg. Co.




Schedule of Non-Employee Director Compensation




	 	 	 
	Annual Retainer

	 	$7,500
	 
	 	 
	Board Meeting Fees

	 	$1,000 (per meeting attended)
	 
	 	 
	Committee Meeting Fees

	 	$1,000 (per meeting attended)
	 
	 	 
	Additional Committee Chair Fee

	 	$500 (per meeting attended)
	 
	 	 
	Equity Consideration:

	 	1,000 share option award on the day
of each annual shareholders’
meeting of the Company
	 
	 	 
	One-time special compensation award
to Audit Committee Chairman

	 	$2,500
**EXHIBIT 32.1****CERTIFICATION**     Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of1934, as amended (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the UnitedStates Code (18 U.S.C. § 1350), Hollings C. Renton, Chairman of the Board, President and ChiefExecutive Officer of Onyx Pharmaceuticals, Inc. (the “Company”), and Gregory W. Schafer,Chief Financial Officer of the Company, each hereby certify that, to the best of his knowledge:**1.** The Company’s Quarterly Report on Form 10-Q for the period ended June 30, 2007, to which thisCertification is attached as Exhibit 32.1 (the “Periodic Report”), fully complies with therequirements of Section 13(a) or Section 15(d) of the Exchange Act; and **2.** The information contained in the Periodic Report fairly presents, in all material respects,the financial condition of the Company at the end of the period covered by the Periodic Reportand results of operations of the Company for the period covered by the Periodic Report.Dated:August 8, 2007       /s/ Hollings C. Renton Hollings C. Renton
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 41041 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

RONNIE RAY DUGAN

,

Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13

- CR

- 37

- 18

Before REAVLEY, ELROD, and HAYNES, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Ronnie Ray Dugan has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California

, 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).
Dugan h a s not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 20 , 2016
Lyle W. Cayce Clerk Case: 15-41041 Document: 00513472230 Page: 1 Date Filed: 04/20/2016No. 15

- 41041

2 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR

. R. 42.2. Case: 15-41041 Document: 00513472230 Page: 2 Date Filed: 04/20/2016
#### Ben PRESTON v. KAW PIPE LINE COMPANY et al.

No. 2022.

Circuit Court of Appeals, Tenth Circuit.

June 28, 1940.

W. N. Stokes, of Oklahoma City, Okl., and O. B. Martin, of Blackwell, Okl., for appellant.

George Stallwitz and A. W. Hershberger, both of Wichita, Kan., for appellees.

Before PHILLIPS and LEWIS, Circuit Judges.

PER CURIAM.

Appeal dismissed, at costs of appellant, for the reason that the order appealed ■ from is not a final appealable order.
**Exhibit
      32.1**





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 Annual Report of PLM Equipment Growth Fund VI (the
“Partnership”), on Form 10-KSB for the year ended December 31, 2005 as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      the undersigned, the President of the General Partner and of the Partnership,
      hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906
      of the Sarbanes-Oxley Act of 2002 that:





(1)  the
      Report of the Partnership filed today 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
      Partnership.














/s/ Paul
      M. Leand


Paul
      M.
      Leand


President
      of PLM
      Financial Services, Inc.


March
      29,
      2006
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6540

ANTHONY GRANDISON,

Petitioner - Appellant,

versus

UNITED STATES PAROLE COMMISSION,

Respondent - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA98-803-S)

Submitted: September 30, 1998 Decided: October 15, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony Grandison, Appellant Pro Se. Juliet Ann Eurich, OFFICE OF

THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Anthony Grandison appeals the district court’s order denying

relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed

the record and the district court’s opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Grandison v. United States Parole Comm’n, No. CA-98-803-S

(D. Md. Mar. 20, 1998). We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                           1,451
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,451
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   1,451
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,600
<OTHER-SE>                                     (2,149)
<TOTAL-LIABILITY-AND-EQUITY>                     1,451
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                13,474
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (13,474)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
I 

111TH CONGRESS 

1ST SESSION H. R. 136 

To better provide for compensation for certain persons injured in the course 

of employment at the Santa Susana Field Laboratory in California. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. GALLEGLY (for himself and Mr. SHERMAN) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To better provide for compensation for certain persons injured in the course of employment at the Santa Susana 

Field Laboratory in California. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITION OF MEMBER OF SPECIAL EXPO4 SURE COHORT. 

5 (a) IN GENERAL.—Section 3621(14) of the Energy 

6 Employees Occupational Illness Compensation Program 

7 Act of 2000 (42 U.S.C. 7384l(14)) is amended by adding 

8 at the end the following new subparagraph: 


wwoods2 on PRODPC68 with BILLS
2 

•HR 136 IH

1 ‘‘(D) The employee was so employed for a 

2 number of work days aggregating at least 250 

3 work days before January 1, 2006, by the De4 partment of Energy or a Department of Energy 

5 contractor or subcontractor at the Santa 

6 Susana Field Laboratory in California.’’. 

7 (b) REAPPLICATION.—A claim that an individual 

8 qualifies, by reason of section 3621(14)(D) of the Energy 

9 Employees Occupational Illness Compensation Program 

10 Act of 2000 (as added by subsection (a) of this Act), for 

11 compensation or benefits under such Act shall be consid12 ered for compensation or benefits notwithstanding any de13 nial of any other claim for compensation with respect to 

14 such individual. 

Æ 


wwoods2 on PRODPC68 with BILLS
<PAGE>

                                                                    EXHIBIT 10.7

                              AMENDMENT NUMBER TWO
                                       TO
                           CHANGE IN CONTROL AGREEMENT
                                  (VERSION ONE)

                  This Amendment Number One is made to the Change in Control
Agreement by and between Post Properties, Inc., or "Post", and
_____________________, or "Executive";

                  WHEREAS, Post and Executive previously entered into a Change
in Control Agreement; and

                  WHEREAS, Post and Executive desire to adopt this Amendment
Number Two to amend Executive's Change in Control Agreement;

                  NOW, THEREFORE, Post and Executive hereby agree as follows:

                                   Section 1.

                  Section 2(a)(3) shall be amended to read as follows:

                           "(3)     (a) Each outstanding stock option granted to
                  Executive by Post shall (notwithstanding the terms under which
                  such option was granted) become fully vested and exercisable
                  on the date Executive's employment so terminates and shall
                  (notwithstanding the terms under which such option was
                  granted) remain exercisable for the remaining term of each
                  such option (as determined as if there had been no such
                  termination of Executive's employment) subject to the same
                  terms and conditions as if Executive had remained employed by
                  Post or a Post Affiliate for such term (other than any term or
                  condition which gives Post the right to cancel any such
                  option) and (b) any restrictions on any outstanding restricted
                  stock grants to Executive by Post immediately shall
                  (notwithstanding the terms under which such grant was made)
                  expire and Executive's right to such stock shall be
                  non-forfeitable;"

                                   Section 2.

                  This Amendment Number Two shall be effective as of June 1,
2003.

                                   Section 3.

                  This Amendment Number Two may be executed in counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same Amendment Number Two.

                  IN WITNESS WHEREOF, Post and Executive have executed this
Amendment Number One to Executive's Change in Control Agreement this ____ day of
____, 2003.

                                              POST PROPERTIES, INC.

                                              BY: ______________________________

                                              EXECUTIVE

                                              __________________________________

<PAGE>

SCHEDULE: EXECUTIVE OFFICERS WITH VERSION ONE AMENDMENT NO. 2 TO CHANGE IN
CONTROL AGREEMENTS

Thomas L. Wilkes
Janet M. Appling
Janie S. Maddox
Sheila James Teabo

                                      -2-
<PAGE>

                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-3 (No. 33-96294) of Carey Institutional Properties
Incorporated of our report dated March 10, 2004 relating to the consolidated
financial statements, which appears in the Annual Report to Shareholders, which
is incorporated in this Annual Report on Form 10-K. We also consent to the
incorporation by reference of our report dated March 10, 2004 relating to the
financial statement schedule, which appears in this Form 10-K.

/s/ PricewaterhouseCoopers LLP

New York, New York
March 25, 2004
Exhibit 23.1

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
Ross Systems Inc.
Atlanta, Ga.

We  hereby  consent  to the  incorporation  by  reference  in  the  registration
statements  (File  No.  333-65660,   333-39348,  33-42036,  33-48226,  33-56584,
33-72168,  33-89128,  333-36745,   333-44665,  333-71005,  33-89504,  333-19619,
333-06053,  333-44363, 333-47877, 333-58639, and 333-65065) of our reports dated
August 20, 2003,  (except for Note 9 as to which the date is September 4, 2003),
relating to the consolidated  financial  statements and schedule of Ross Systems
Inc. and Subsidiaries  appearing in the company's annual report on form 10-K for
the year ended June 30, 2003.





/s/ BDO Seidman, LLP




Atlanta, Georgia
September 24, 2003
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2151 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 2151

 To streamline the oil and gas permitting process and to recognize fee 
 ownership for certain oil and gas drilling or spacing units, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2017

  Mr. Hoeven introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To streamline the oil and gas permitting process and to recognize fee 
 ownership for certain oil and gas drilling or spacing units, and for 
                            other purposes.

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

SECTION 1. COMPLIANCE WITH BLM PERMITTING.

    (a) In General.--Notwithstanding any other provision of law but 
subject to any State requirements, a Bureau of Land Management drilling 
permit shall not be required under the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1701 et seq.) or section 3164.1 of 
title 43, Code of Federal Regulations (or a successor regulation), for 
an action occurring within an oil and gas drilling or spacing unit if--
            (1) less than 50 percent of the minerals within the oil and 
        gas drilling or spacing unit are minerals owned by the Federal 
        Government; and
            (2) the Federal Government does not own or lease the 
        surface estate within the boundaries of the oil and gas 
        drilling or spacing unit.
    (b) Effect.--Nothing in this Act affects the right of the Federal 
Government to receive royalties due to the Federal Government from the 
production of the Federal minerals within the oil and gas drilling or 
spacing unit.
                                 <all>
```