alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement, 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.

 June 8, 2018

d0605

Order 

Clerk

June 8, 2018

156670 & (87)(90)

In re RHEA BRODY LIVING TRUST, 

dated January 17, 1978, as amended. 

_________________________________________

ROBERT BRODY,

Intervenor-Appellant,

v SC: 156670

COA: 330871

Oakland Probate Court: 

CATHY B. DEUTCHMAN, 2015-361379-TV

Petitioner-Appellee, 

and

MICHAEL BARTON, Special Fiduciary,

Intervenor,

and

JAY BRODY,

Intervenor-Appellant.

_________________________________________/

On order of the Court, the motions to file a reply brief are GRANTED. The 

application for leave to appeal the September 12, 2017 judgment of the Court of Appeals 

is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we 

VACATE Section II of the Court of Appeals opinion, and we REMAND this case to the 

Court of Appeals for reconsideration of its standing analysis. On remand, the Court of 

Appeals should consider whether the terms “child” and “beneficiary” in MCL 700.1105 

are modified by the phrase “and any other person that has a property right in or claim 

against a trust estate.” If so, then the Court of Appeals shall consider whether Cathy 

Deutchman is an “interested person” under this reading of the statute. The Court of 

Appeals may also consider the arguments made in this Court by the Probate and Estate 

Planning Section of the State Bar of Michigan, including that Cathy Deutchman has 

standing in light of MCR 5.125(C)(33)(g) and MCL 700.7603(2) and is a present (not 

contingent) beneficiary of the trust. In all other respects, leave to appeal is DENIED, 

because we are not persuaded that the remaining question presented should be reviewed 

by this Court.
*OPINION ISSUED DECEMBER 12, 2008*

#### JOGINDER NATH *183VS. DIVISION OF HIGHWAYS

(CC-08-0232)

Claimant appeared *pro se.*

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

PER CURIAM:

Claimant brought this action for vehicle damage which occurred when his 1994 Subaru Legacy struck a hole on Chestnut Ridge Road near its intersection with Irwin Street in Morgantown, Monongalia County. Chestnut Ridge Road, which is designated as County Route 61, is a road maintained by respondent. 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 4:00 p.m. on May 8, 2008. County Route 61 is a two-lane road with center lines and no edge lines. At the time of the incident, claimant was driving at the intersection of Irwin Street and County Route 61. As he was driving on County Route 61 at approximately twenty-five miles per hour, his vehicle struck a hole that was approximately three feet long, two feet wide, and eighteen inches deep. Claimant stated that he does not travel on this road on a regular basis, and he did not see the hole before his vehicle struck it. Claimant’s vehicle sustained damage to its tire in the amount of $76.27. The amount of claimant’s insurance deductible is $500.00.

The position of the respondent is that it did not have actual or constructive notice of the condition on County Route 61 near the intersection with Irwin Street. Kathy Westbrook, Highway Administrator for respondent in Monongalia County, testified that the hole was filled with hot mix the day after the incident occurred. She observed the hole and testified that it was approximately one foot and a half wide and six to eight inches deep. She was unaware of what caused the hole to form in this particular area.

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 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 size of the hole and its location lead 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 his 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 $76.27.

Award of $76.27.
Exhibit 32.2

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 quarterly report of Energy Transfer Partners, L.P. (the Partnership) on Form 10-Q
for the quarter ended May 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, H. Michael Krimbill, President and Chief Financial Officer, certify, pursuant to 18 U.S.C.
Section 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 Partnership.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: July 10, 2007



/s/ Brian J. JenningsBrian J. JenningsChief Financial Officer


*A signed original of this written statement required by 18 U.S.C. Section 1350 has been provided to
and will be retained by Energy Transfer Partners, L.P.
II 

115TH CONGRESS 

1ST SESSION S. 2222 

To amend the Internal Revenue Code of 1986 to allow for distributions 

from 529 accounts for expenses associated with registered apprenticeship 

programs. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2017 

Mr. DAINES (for himself, Mr. BOOKER, Ms. MURKOWSKI, and Ms. WARREN) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to allow for 

distributions from 529 accounts for expenses associated 

with registered apprenticeship programs. 

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

3 SECTION 1. DISTRIBUTIONS FROM 529S FOR REGISTERED 

4 APPRENTICESHIP PROGRAMS. 

5 (a) IN GENERAL.—Section 529(e)(3) of the Internal 

6 Revenue Code of 1986 is amended by adding at the end 

7 the following new subparagraph: 

8 ‘‘(C) CERTAIN EXPENSES ASSOCIATED

9 WITH REGISTERED APPRENTICESHIP PROVerDate Sep 11 2014 22:58 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2222.IS S2222

daltland on DSKBBV9HB2PROD with BILLS
2 

•S 2222 IS

1 GRAMS.—The term ‘qualified higher education 

2 expenses’ shall include books, supplies, and 

3 equipment required for the enrollment or at4 tendance of a designated beneficiary in an ap5 prenticeship program registered and certified 

6 with the Secretary of Labor under section 1 of 

7 the National Apprenticeship Act (29 U.S.C. 

8 50).’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall apply to contributions made and distribu11 tions paid after December 31, 2017. 

Æ 


daltland on DSKBBV9HB2PROD with BILLS
#### Fosdick, Appellant, *v.*The Pennsylvania Rd. Co. et al., Appellees.

(No. 28731

Decided November 5, 1941.)

*Mr. Robert Fosdick, in propria persona.*

*Messrs. Taft, Stettinius S Hollister, Mr. John H. Glippinger*and *Mr. John W. Hudson,*for appellee, The Pennsylvania Railroad Company.

*Mr. John D. Ellis,*city solicitor, and *Mr. Ed F. Alexander,*for appellee, the city of Cincinnati.

It 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, Matthias, Hart and Zimmerman, JJ., concur.
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                         INDEPENDENT AUDITORS' CONSENT
 
     We consent to the incorporation by reference in Registration Statement No.
333-05679, Registration Statement No. 333-38589 and Registration Statement No.
333-38591 of Outdoor Systems, Inc. on Form S-8 of our reports dated February 3,
1998, except for the last paragraph of Note 9, for which the date is March 17,
1998, appearing in this Annual Report on Form 10-K of Outdoor Systems, Inc. for
the year ended December 31, 1997.
 
DELOITTE & TOUCHE LLP
 
Phoenix, Arizona
March 19, 1998
NUMBER 13

- 1 9

- 00 612

- CV



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________

REYES TREVINO CHAPA AND

PETROCHEM TRANSPORT, INC.

, A ppellants

,

v.

ANDREW THOMAS BEARD

, A ppellee

.

____________________________________________________________

On appeal from the 357th District Court

of Cameron County, Texas.

____________________________________________________________



## MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Hinojosa

Memorandum Opinion by Justice Longoria

This cause is before the Court on a J oint M otion to D ismiss A ppeal on grounds

that all matters in controversy between the parties in this cause have been settled. The

parties request that this Court dismiss the appeal.2 The Court, having considered the documents on file and the joint motion to

dismiss, is of the opinion that the motion should be granted. See T EX

. R. A PP

. P . 42.1(a).

The joint motion to dismiss is GRANTED , and the appeal is hereby DISMISSED. In

accordance with the motion and agreement of the parties, cos ts are taxed against the

party incurring same. See T EX

. R. A PP

. P . 42.1(d) ("Absent agreement of the parties, the

court will tax costs against the appellant."). Having dismissed the appeal at the parties’

request, no motion for rehearing will be entertaine d, and our mandate will issue forthwith.

NORA L. LONGORIA

Justice

Delivered and filed the

5th day of March, 2020.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2406 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2406

To advance cutting-edge research initiatives of the National Institutes 
                               of Health.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2018

  Mr. Alexander (for himself, Mrs. Murray, Mr. Young, and Ms. Hassan) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To advance cutting-edge research initiatives of the National Institutes 
                               of Health.

    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 ``Advancing Cutting-Edge Research 
Act'' or the ``ACE Research Act''.

SEC. 2. ADVANCING CUTTING-EDGE RESEARCH.

    Section 402(n)(1) of the Public Health Service Act (42 U.S.C. 
282(n)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'';
            (2) in subparagraph (B), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) high impact cutting-edge research that 
                fosters scientific creativity and increases fundamental 
                biological understanding leading to the prevention, 
                diagnosis, or treatment of diseases and disorders, or 
                research urgently required to respond to a public 
                health threat.''.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5

       
<S>                             <C>
<PERIOD-TYPE>                                        3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                              96,925
<SECURITIES>                                       244,750
<RECEIVABLES>                                      104,104
<ALLOWANCES>                                        12,515
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   481,489
<PP&E>                                           2,091,579
<DEPRECIATION>                                     424,899
<TOTAL-ASSETS>                                   2,510,478
<CURRENT-LIABILITIES>                              452,395
<BONDS>                                          1,131,182
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                             1,831
<OTHER-SE>                                       1,102,674
<TOTAL-LIABILITY-AND-EQUITY>                     2,510,478
<SALES>                                                  0
<TOTAL-REVENUES>                                   160,077
<CGS>                                                    0
<TOTAL-COSTS>                                       90,764
<OTHER-EXPENSES>                                    49,102
<LOSS-PROVISION>                                     2,722
<INTEREST-EXPENSE>                                  31,524
<INCOME-PRETAX>                                    (61,842)
<INCOME-TAX>                                           352
<INCOME-CONTINUING>                                (62,194)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       (62,194)
<EPS-PRIMARY>                                         (.36)
<EPS-DILUTED>                                         (.36)
        

                           


</TABLE>
<PAGE>   1
                                                                    EXHIBIT 23.1




                        Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statements 
pertaining to the Amended and Restated Long-Term Incentive Plan (Form S-8 Nos. 
33-66552, 33-86062 and 333-13061) and the Non-Qualified Stock Option Plan and 
the Stock Option Plan for Employees (Form S-8 No. 33-52664) of American Dental 
Technologies, Inc. of our report dated February 26, 1999 with respect to the 
consolidated financial statements and schedule of American Dental Technologies, 
Inc. included in the Annual Report (Form 10-K) for the year ended December 31, 
1998.



                                                   Ernst & Young LLP
                                                   Detroit, Michigan


March 25, 1999
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2382 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2382

  To amend title 38, United States Code, to provide for requirements 
 relating to the reassignment of Department of Veterans Affairs senior 
              executive employees, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 6, 2018

 Mr. Tillis (for himself and Mr. King) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To amend title 38, United States Code, to provide for requirements 
 relating to the reassignment of Department of Veterans Affairs senior 
              executive employees, 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. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs 
Senior Executive Accountability Act of 2018'' or the ``SEA Act''.

SEC. 2. SEMIANNUAL REPORTS ON REASSIGNMENT OF DEPARTMENT OF VETERANS 
              AFFAIRS SENIOR EXECUTIVE EMPLOYEES.

    (a) In General.--Subchapter I of chapter 7 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 727. Reassignment of senior executives
    ``(a) Approval of Reassignments.--No individual employed in a 
senior executive position at the Department may be reassigned to 
another such position at the Department unless such reassignment is 
approved in writing and signed by the Secretary.
    ``(b) Semiannual Reports Required.--Not later than June 30 and 
December 31 of each year, the Secretary shall submit to Congress a 
report on the reassignment of individuals employed in senior executive 
positions at the Department to other such positions at the Department 
during the period covered by the report. Each such report shall 
describe the purpose of each such reassignment and the costs associated 
with such reassignment.
    ``(c) Senior Executive Position Defined.--In this section, the term 
`senior executive position' has the meaning given such term in section 
713(d) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
725 the following new item:

``727. Reassignment of senior executives.''.
                                 <all>
```
EXHIBIT 32.1








CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)








In connection with the Quarterly Report of Trimol Group, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Executive Officer of the Company hereby certifies, 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 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 covered in the Report.





No purchaser or seller of securities or any other person shall be entitled to rely upon the foregoing certification for any purpose.  The undersigned expressly disclaims any obligation to update the foregoing certification except as required by law.








/s/ Boris BirshteinBoris BirshteinChief Executive OfficerTRIMOL GROUP, INC.








August 16, 2010








[A signed original of this written statement required by Section 906 has been provided to Trimol Group, Inc. and will be retained by Trimol Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.]
#### Kohn, Admx., Appellee, *v.*B. F. Goodrich Co., Appellant.

(No. 28569

Decided April 23, 1941.)

*Messrs. Fraser, Effler, Shumaker $ Winn*and *Messrs. Streicher, Gorman & Jenne,*for appellee.

• *Mr. Eugene Bheimfrank,*for appellant.

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

*Appeal dismissed.*

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

Matthias, J., not participating.
# Επίσημη Εφημερίδα C 265A/13 Α

| | ISSN 1977-0901 |
| --- | --- |
| Επίσημη Εφημερίδα
  της Ευρωπαϊκής Ένωσης | C 265A |
| | |
| Έκδοση στην ελληνική γλώσσα | Ανακοινώσεις και Πληροφορίες | 58ό έτος13 Αυγούστου 2015 |

ISSN 1977-0901

Επίσημη Εφημερίδα

της Ευρωπαϊκής Ένωσης

C 265A

Έκδοση στην ελληνική γλώσσα

Ανακοινώσεις και Πληροφορίες

58ό έτος13 Αυγούστου 2015

---

| Ανακοίνωση αριθ | Περιεχόμενα | Σελίδα |
| --- | --- | --- |
| | V   Γνωστοποιήσεις |
| | ΔΙΟΙΚΗΤΙΚΕΣ ΔΙΑΔΙΚΑΣΙΕΣ |
| | Συμβούλιο |
| 2015/C 265A/01 | Κοινοποίηση ακύρωσης | 1 |

Ανακοίνωση αριθ

Περιεχόμενα

Σελίδα

V   Γνωστοποιήσεις

ΔΙΟΙΚΗΤΙΚΕΣ ΔΙΑΔΙΚΑΣΙΕΣ

Συμβούλιο

2015/C 265A/01

Κοινοποίηση ακύρωσης

1

---

| EL | |
| --- | --- |

EL

---

V Γνωστοποιήσεις

ΔΙΟΙΚΗΤΙΚΕΣ ΔΙΑΔΙΚΑΣΙΕΣ

Συμβούλιο

| 13.8.2015 | EL | Επίσημη Εφημερίδα της Ευρωπαϊκής Ένωσης | CA 265/1 |
| --- | --- | --- | --- |

13.8.2015

EL

Επίσημη Εφημερίδα της Ευρωπαϊκής Ένωσης

CA 265/1

---

ΚΟΙΝΟΠΟΊΗΣΗ ΑΚΫΡΩΣΗΣ

(2015/C 265 A/01)

Η διαδικασία επιλογής CONS/AD/113:

| — | Διευθυντής, Νομική Υπηρεσία, Διεύθυνση 3 (Εξωτερικές σχέσεις) |
| --- | --- |

—

Διευθυντής, Νομική Υπηρεσία, Διεύθυνση 3 (Εξωτερικές σχέσεις)

για την οποία δημοσιεύτηκε η ανακοίνωση στην Επίσημη Εφημερίδα της Ευρωπαϊκής Ένωσης
   (1) ακυρώνεται.

---

(1)  ΕΕ C 119 A της 14.4.2015, σ. 18.

---
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                      19,727,259
<SECURITIES>                                         0
<RECEIVABLES>                               25,550,265
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       8,855,200
<DEPRECIATION>                                 803,251
<TOTAL-ASSETS>                           2,541,871,729
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       276,461
<OTHER-SE>                                 190,328,807
<TOTAL-LIABILITY-AND-EQUITY>             2,541,871,729
<SALES>                                     59,951,394
<TOTAL-REVENUES>                            88,194,285
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            51,361,773
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          42,844,799
<INCOME-PRETAX>                             31,850,693
<INCOME-TAX>                                12,200,000
<INCOME-CONTINUING>                         19,650,693
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                19,650,693
<EPS-PRIMARY>                                     0.70
<EPS-DILUTED>                                     0.69
        

</TABLE>