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

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

Order 

February 4, 2009 

137354 

CHURCH & CHURCH INC., 

Plaintiff-Appellee, 

v SC: 137354 

 COA: 275823 

Oakland CC: 2003-048315-CH 

A-1 CARPENTRY, 

Defendant, 

and 

FGR PROPERTIES, LLC, AKRS PROPERTIES 

INVESTMENT, LLC, BAN CASSAB, 

Third-Party Defendants/Appellees, 

and 

CHARTER ONE BANK and FOX BROTHERS, 

Defendants-Appellees, 

and 

C & R PLUMBING & HEATING, INC., 

Defendant-Appellant, 

and 

HOMEOWNERS CONSTRUCTION LIEN 

RECOVERY FUND, 

Appellee, 

and 

SATISH DOSHI and AARTI DOSHI, 

Cross-Defendants/Appellees, 

_________________________________________/ 
I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

February 4, 2009 

s0128 

 

2

 On order of the Court, the application for leave to appeal the August 19, 2008 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in 

lieu of granting leave to appeal, we AFFIRM that part of the judgment of the Court of 

Appeals that held that C & R Plumbing & Heating, Inc.’s (C & R) lien was extinguished 

because it did not name Sterling Bank as a defendant in its cross-complaint. We also 

AFFIRM, but for a reason other than that stated by the Court of Appeals, that the circuit 

court correctly denied C & R’s motion to amend to add the Homeowner Construction 

Lien Recovery Fund (the “Fund”) as a party because the amendment would have been 

futile. In reaching this conclusion, the Court of Appeals ruled that C & R had admittedly 

failed to name the Fund as a defendant, which MCL 570.1203, as amended in 2006, 

requires, within the one-year limitations period of MCL 570.1117. The Court of Appeals 

erred in doing so, because the pre-amendment version of MCL 570.1203 applies to this 

case, and that version of the statute does not mandate that the Fund be named as a 

defendant within MCL 570.1117’s one-year statute of limitations. Accordingly, we 

VACATE that part of the Court of Appeals analysis. We note, however, that pursuant to 

MCL 570.1203(3)(a), to recover from the Fund on its lien, C & R must establish that it 

would be “entitled to a construction lien . . . except for the defense provided in subsection 

(1).” Because C & R did not name Sterling Bank, its lien is not enforceable, and C & R 

cannot satisfy MCL 570.1203(3)(a). For this reason, we agree with the Court of Appeals 

that C & R’s motion to amend was futile.
Electronically FiledIntermediate Court of AppealsCAAP-12-000038228-MAR-201309:37 AM
#### DIECKOW et al. v. SCHNEIDER et al.

No. 9587.

Court of Civil Appeals of Texas. San Antonio.

May 22, 1935.

Grover C. Morris, of San Antonio, for appellants.

Knetsch, Stevenson & Knetsch, of Se-guin, for appellees.

BICKETT, Chief Justice.

This is an appeal by Ida Dieckow and others from a judgment of the district court, upon a trial de novo, admitting to probate a certain document as the holographic will of Augusta Marx, deceased.

The substantial issues here presented are: (1) Whether a will written entirely in the German language is entitled to be probated under the laws of Texas; and (2) whether a nonresident of the county in . which the probate proceeding is pending is entitled to be appointed administrator of the estate with will annexed.

In this state it is no impediment to the probate of a will that it is written in a foreign language. Article 8283, Revised Civil Statutes of Texas (1925), prescribing the requisites for a valid will, contains no provision requiring a will to be written in the English language. Nor is there any other article of the statute that prohibits the probating of a will written in a foreign language. Article 6629, Revised Civil Statutes of Texas (1925), a part of the title on “Registration,” provides that: “No deed, conveyance or other instrument, whether relating to real or personal property, if in any other than the English language, shall be admitted to record. * * * ” The context of that article, as well as the chapter and title in which it appears, shows that there was no intention to require that testamentary instruments should be written in the English language. This holographic will, although • written in the German language, was entitled to be probated. Caulfield v. Sullivan, 85 N. Y. 153; Potts v. House, 6 Ga. 324, 50 Am. Dec. 329; 23 Ruling Case Law, 111; Gardner on Wills, p. 316.

Inasmuch as the record shows without dispute that Ed. Schneider, who was appointed administrator of the estate with will annexed, was a resident of another county than that in which the probate proceeding was pending, it is clear that the court committed error in so appointing a nonresident of the county. Article 3357, *418Revised Civil Statutes of Texas (1925); Balfour v. Collins, 119 Tex. 122, 25 S. W. (2d) 804; Id. (Tex. Civ. App.) 27 S. W. (2d) 185.

Accordingly, the judgment of the district court is affirmed with respect to the probating of the will, but is reversed and remanded with respect to the appointing of the administrator.
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Page 76892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21329]


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

POSTAL SERVICE


Product Change--Priority Mail and Parcel Select Negotiated 
Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: September 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 6, 2024, it filed with the Postal Regulatory Commission a 
Request of the United States Postal Service to Add Priority Mail & 
Parcel Select Contract 11 to Competitive Product List. Documents are 
available at www.prc.gov, Docket Nos. MC2024-631, CP2024-640.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-21329 Filed 9-18-24; 8:45 am]
BILLING CODE 7710-12-P
II 

Calendar No. 431 

114TH CONGRESS 

2D SESSION H. R. 2666 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2016 

Received 

APRIL 20, 2016 

Read the first time 

APRIL 21, 2016 

Read the second time and placed on the calendar 

AN ACT 

To prohibit the Federal Communications Commission from 

regulating the rates charged for broadband Internet access service. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Rate Regulation 

5 of Broadband Internet Access Act’’. 


sradovich on DSK3TPTVN1PROD with BILLS
2 

HR 2666 PCS

1 SEC. 2. REGULATION OF BROADBAND RATES PROHIBITED. 

2 Notwithstanding any other provision of law, the Fed3 eral Communications Commission may not regulate the 

4 rates charged for broadband Internet access service. 

5 SEC. 3. EXCEPTIONS. 

6 Nothing in this Act shall be construed to affect the 

7 authority of the Commission to— 

8 (1) condition receipt of universal service sup9 port under section 254 of the Communications Act 

10 of 1934 (47 U.S.C. 254) by a provider of broadband 

11 Internet access service on the regulation of the rates 

12 charged by such provider for the supported service; 

13 (2) enforce subpart Y of part 64 of title 47, 

14 Code of Federal Regulations (relating to truth-in15 billing requirements); or 

16 (3) enforce section 8.9 of title 47, Code of Fed17 eral Regulations (relating to paid prioritization). 

18 SEC. 4. ADDITIONAL RULE OF CONSTRUCTION. 

19 For purposes of this Act, broadband Internet access 

20 service shall not be construed to include data roaming or 

21 interconnection. 

22 SEC. 5. DEFINITIONS. 

23 In this Act: 

24 (1) BROADBAND INTERNET ACCESS SERVICE.— 

25 The term ‘‘broadband Internet access service’’ has 

26 the meaning given such term in the rules adopted in 


sradovich on DSK3TPTVN1PROD with BILLS
3 

HR 2666 PCS

1 the Report and Order on Remand, Declaratory Rul2 ing, and Order that was adopted by the Commission 

3 on February 26, 2015 (FCC 15–24). 

4 (2) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Communications Commission. 

6 (3) RATE.—The term ‘‘rate’’ means the amount 

7 charged by a provider of broadband Internet access 

8 service for the delivery of broadband Internet traffic. 

9 (4) REGULATION.—The term ‘‘regulation’’ or 

10 ‘‘regulate’’ means, with respect to a rate, the use by 

11 the Commission of rulemaking or enforcement au12 thority to establish, declare, or review the reason13 ableness of such rate. 

Passed the House of Representatives April 15, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


sradovich on DSK3TPTVN1PROD with BILLS
Calendar No. 431 

114TH CONGRESS 

2D SESSION H. R. 2666 

AN ACT 

To prohibit the Federal Communications Commisbroadband Internet access service. sion from regulating the rates charged for 

APRIL 21, 2016 

Read the second time and placed on the calendar 


sradovich on DSK3TPTVN1PROD with BILLS
#### JONES v. STATE.

No. 17573.

Court of Criminal Appeals of Texas.

May 15, 1935.

*381Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Conviction is for felony theft, punishment being eight years in the penitentiary.

The indictment charges appellant with theft of more than a thousand dollars.

The record contains no statement of facts nor bills of exception. In such condition nothing is presented for review.

The judgment is affirmed.

MORROW, P. J., absent.
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T J AN 21, 2009 THOMAS K. KAH

N CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N o

. 0 8

- 1 1 7 9 9

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D

. C

. D o c k e t N o

. 0 3

- 0 0 7 1 8

- C V

- O R L

- 3 1

- K R S

M O D E R N , I N C

. , a F l o r i d a c o r p o r a t i o n , F I R S T O M N I S E R V I C E C O R P

. , a F l o r i d a c o r p o r a t i o n ,
P l a i n t i f f s
- A p p e l l a n t s ,

v e r s u s

S T A T E O F F L O R I D A , U N I T E D S T A T E S O F A M E R I C A , D E P A R T M E N T O F T R A N S P O R T A T I O N ,
D e f e n d a n t s
- A p p e l l e e s ,

S T

. J O H N S R I V E R W A T E R M A N A G E M E N T D I S T R I C T ,

D e f e n d a n t

- T h i r d

- P a r t y P l a i n t i f f

- A p p e l l e e ,

v e r s u s

B R E V A R D C O U N T Y , e t a l

. ,
T h i r d

- P a r t y - D e f e n d a n t s

._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A p p e a l f r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e M i d d l e D i s t r i c t o f F l o r i d a

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( J a n u a r y 2 1 , 2 0 0 9 )

B e f o r e H U L L , W I L S O N a n d H I L L , C i r c u i t J u d g e s

.
P E R C U R I A M :

A f t e r r e v i e w a n d o r a l a r g u m e n t , w e c o n c l u d e t h a t A p p e l l a n t s M o d e r n , I n c

.

a n d F i r s t O m n i S e r v i c e C o r p

. h a v e n o t s h o w n r e v e r s i b l e e r r o r i n t h e d i s t r i c t c o u r t ’ s

J a n u a r y 2 8 , 2 0 0 8 o r d e r , w h i c h w a s e n t e r e d a f t e r a t h r e e
- w e e k b e n c h t r i a l a n d

w h i c h g r a n t s f

i n a l j u d g m e n t i n f

a v o r o f t h e A p p e l l e e s

.
A F F I R M E D
.

2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         September 19, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on September 10, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 341 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-653, CP2024-662.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-21358 Filed 9-18-24; 8:45 am]

BILLING CODE 7710-12-P
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76892-76893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21298]


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

POSTAL SERVICE


Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

[[Page 76893]]


DATES: Date of required notice: September 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 3, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 285 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2024-603, CP2024-611.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-21298 Filed 9-18-24; 8:45 am]
BILLING CODE 7710-12-P
Exhibit 15


To Homestead Village Incorporated:


We  are  aware  that  Homestead   Village   Incorporated  and  subsidiaries  has
incorporated by reference in its previously  filed  Registration  Statement File
No. 333-37803, Registration Statement File No. 333-17243, Registration Statement
File No. 333-17245, and Registration Statement File No. 333-48163, its Form 10-Q
for the quarter ended June 30, 1998,  which  includes our report dated August 7,
1998 covering the unaudited interim  financial  information  contained  therein.
Pursuant to Regulation C of the Securities Act of 1933 (the "Act"),  that report
is not considered a part of the Registration  Statement prepared or certified by
our firm or a report  prepared  or  certified  by our firm within the meaning of
Sections 7 and 11 of the Act.


                                                   ARTHUR ANDERSEN LLP


Atlanta, Georgia
August 7, 1998
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       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

          - [Project No. 2905-035]

                    On September 10, 2024, the Vermont Department of Environmental Conservation (Vermont DEC) submitted to the Federal Energy Regulatory Commission (Commission) notice that it received a request for a Clean Water Act section 401(a)(1) water quality certification as defined in 40 CFR 121.5, from the Village of Enosburg Falls, Vermont, in conjunction with the above captioned project on August 30, 2024. Pursuant to section 4.34(b)(5) of the Commission's regulations,[1]                                          we hereby notify Vermont DEC of the following dates.                

*Date of Receipt of the Certification Request:*                     August 30, 2024.                

*Reasonable Period of Time to Act on the Certification Request:*                     One year, August 30, 2025.                

If Vermont DEC fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

Dated: September 11, 2024.

Debbie-Anne A. Reese,

Acting Secretary.

# Footnotes

1.                             18 CFR 4.34(b)(5).                    
        Back to Citation      

[FR Doc. 2024-21132 Filed 9-17-24; 8:45 am]

BILLING CODE 6717-01-P
#### BAKER et al. v. STATE.

No. 18404.

Court of Criminal Appeals of Texas.

May 6, 1936.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

MORROW, Presiding Judge.

The conviction is for assault with intent to rob; penalty assessed as confinement in the penitentiary for fifteen years.

Upon the written request of the appel-' lants, duly verified by their affidavit, theappeal is dismissed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       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 Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; RFA-DK25-008: Diabetes Research Centers (P30 Clinical Trial Optional).                    

*Date:*                         November 13-14, 2024.                    

*Time:*                         10:00 a.m. to 6:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, NIDDK, Democracy II, Suite 7000A, 6707 Democracy Boulevard, Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Lan Tian, Ph.D., Scientific Review Officer, National Institute of Diabetes                               ( print page 76859)                            and Digestive and Kidney Diseases, National Institutes of Health, 6707 Democracy Boulevard, Bethesda, MD 20892, (301) 496-7050,                         *lan.tian@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: September 15, 2024. 

Miguelina Perez, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-21419 Filed 9-18-24; 8:45 am]

BILLING CODE 4140-01-P