alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*OPINION ISSUED MAY 14, 2009*

#### TERRI HASH VS. DIVISION OF HIGHWAYS

(CC-07-0003)

Claimant appeared *pro se.*

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

PER CURIAM:

*254Claimant brought this action for vehicle damage which occurred when her 2003 Chevrolet Silverado truck struck a protruding concrete curb on Highland Drive in St. Albans, Kanawha County. 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 on December 5, 2006. At the time of the incident, claimant testified that she was driving uphill on Highland Drive. As she was driving around a curve at approximately twenty-five miles per hour, she noticed an oncoming vehicle. She then maneuvered her vehicle closer to her right side of the road to avoid the oncoming vehicle when her vehicle’s rear tire struck a protruding concrete curb. Claimant stated that she travels this road multiple times a day, but she did not notice the condition of the curb prior to this incident. As a result, claimant’s vehicle sustained damage to its rear tire in the amount of $298.87.

The position of the respondent is that it did not have actual or constructive notice of the condition on Highland Drive at the site of claimant’s accident for the date in question. Randy Hammond, Crew Leader for respondent in Kanawha County at the time of the incident, testified that respondent is responsible for maintaining only the travel portion of the road, and the city of St. Albans is responsible for maintaining the curbs and sidewalks in this area. Respondent did not receive complaints regarding the condition of the curb prior to this incident.

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 did not have actual or constructive notice of the condition on Highland Drive. The Court finds that respondent is not responsible for maintaining the curbs and sidewalks in the city of St. Albans and it was unaware of any incidents involving the condition of the curb prior to this claim. Thus, there is insufficient evidence of negligence on the part of respondent upon which to base an award.

In view of the foregoing, the Court is of the opinion to and does deny this claim.

Claim disallowed.
#### TEXAS EMPLOYERS’ INS. ASS’N v. KING.

No. 2687.

Court of Civil Appeals of Texas. El Paso.

May 12, 1932.

Wm. M. Cramer, of Dallas, for appellant.

White & Yarborough, of Dallas, for appel-lee.

PELPHREY, C. J.

On September 25, 1931, and before the above cause was transferred to this court, the Dallas Court of Civil Appeals entered the following order: “On considering appellee’s motion to strike out the Q. & A. Statement of facts filed in this cause, on allegations that it does not contain certain documentary evidence, we find on inspecting the certificate of agreement that counsel for appellee signed •same subject to certain documentary evidence-being later approved by appellee and filed by appellant, to be considered as a part of the statement of facts. Pending final action on said motion to strike out the statement of facts, appellant is notified to comply with the stipulation and to furnish counsel for appellee with copies of the omitted documents and secure approval of same to be filed in. this court within ten days from this date.”

It also appears that on October 10th an. extension of thirty days was granted appellant within which to file the documentary evidence.

On March 4,1932, appellee, after this cause had been regularly transferred to this court, renewed his motion to strike out the statement of facts, whereupon appellant requested an additional two weeks. The additional time was granted, and upon March 31, 1932, after the expiration of the additional time granted, this court sustained the motion to strike out the statement of facts.

After such action by this court, appellant presented a motion for certiorari to the clerk of the district court of Dallas county, directing him to make up a transcript containing an order of the district court made on March 12, 1932, substituting the hospital record introduced in evidence, or, in the alternative, to file a certified copy of such order as part of the record here.

It appears from the record before us that the hospital record which appellant now wants us to consider is only a part of the hospital record introduced in evidence in-the trial court. On April 14, 1932, appellant filed its motion to have us reconsider our action in sustaining appellee’s motion to strikeout the statement of facts.

It will be seen from the above-recited facts that appellant had from September 26, 1931, to March 31, 1932, more than six months, to-produce and have filed the hospital record-in this case, as counsel had agreed.

Ample opportunity was given appellant -to-complete the statement of facts in this case, and, having failed to use ordinary diligence-in the matter, we feel that the present motion-should be overruled.
Exhibit 32





RemedyTemp, Inc.



CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of RemedyTemp, Inc., a California
corporation (the Company), does hereby certify with respect to the Quarterly Report of the Company on Form 10-Q for the quarter ended March 28, 2004 as filed with the Securities and Exchange Commission (the 10-Q Report) that:



| | (1) | the 10-Q 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 10-Q Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|             |  |                                                  
|------------ |  | -------------------------------------------------
|May 12, 2004 |  | /s/ GREG D. PALMER                               
|             |  | Greg D. Palmer                                   
|             |  | President and Chief Executive Officer            
|             |  | RemedyTemp, Inc.                                 
|             | 
|May 12, 2004 |  | /s/ MONTY A. HOUDESHELL                          
|             |  | Monty A. Houdeshell                              
|             |  | Senior Vice President and Chief Financial Officer
|             |  | RemedyTemp, Inc.                                 



A signed original of
this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been
provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
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 9, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 336 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-638, CP2024-647.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-21327 Filed 9-18-24; 8:45 am]

BILLING CODE 7710-12-P
### The Honorable Stephen M. Reasoner, Chief Judge, United States 1 

### District Court for the Eastern District of Arkansas. ___________ No. 95-1909

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Barry Jones, * * (PUBLISHED) Appellant. *

___________ Submitted: November 21, 1995 Filed: December 4, 1995

___________ Before WOLLMAN, MAGILL, and HANSEN, Circuit Judges.

___________ PER CURIAM.
BarryJones appeals his 24-month sentence imposed by the distric t court af ter he pleaded guilty to possessing a counterfeited security, in

1 violation of 18 U.S.C . § 513(a). For reversal, Jones argues the district court violated Federal Rule of Criminal Procedure 32(c)(1) and his du e process rights when the court refused to resolve Jones's objection--raised for the first time at sentencing--to the probation officer's recommended denial of a mitigating-role reduction. We affirm.
Rule 32(c)(1) requires a sentencing court to "rule on any unresolved objections to the presentence report." Under Federal Rule of Crimina l Proced ure 32(b)(6)(B), however, the parties must communicate "an y objections" to the presentence report to the

### -2-

probation officer within 14 days of receiving it, so that the objections can be addressed and investigated prior to the sentencing hearing. Jones does not dispute that he failed to present his r ole-reduction objection as required under Rule 32(b)(6)(B).
Notwi thstanding Rule 32(b)(6)(B), the district court had th e discretion to conside r Jones's untimely objection if he satisfied Federal Rule of Criminal Procedure 32(b)(6)(D), which states: "[f]or good cause shown, the court may allow a new objection to be raised at any time before imposing sentence." Because Jones did not state any reason for his failur e to raise the objectio n in a timely manner, we conclude the district court did not abuse its discretion by declining to rule on it. Cf. United State s v. Morsley , 64 F.3d 907, 914-915 (4th Cir. 1995).
Accordingly, we affirm the judgment of the district court.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<PAGE>
                                                                    EXHIBIT 99.1


                        SECTION 906 CERTIFICATION - CEO

In connection with the Quarterly Report of FirstCity Liquidating Trust (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
W. Brown, Principal 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:

To the best of my knowledge, after reasonable investigation:

         (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 result of
                  operations of the Company.


Date:    May 7, 2003

                                                     /s/ Robert W. Brown
                                                     ---------------------------
                                                     Robert W. Brown
                                                     Principal Executive Officer


The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or
as a separate disclosure document.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
[No. 18907-4-III.

Division Three.

December 21, 2000.]

#### John A. Gaetano, *Appellant,*v. J.C. Penney Co., Inc., *Respondent.*

Appeal from a judgment of the Superior Court for Spokane County, No. 97-2-00825-0, Gregory D. Sypolt, J., entered July 23, 1999. *Affirmed*by unpublished opinion per Schultheis, J., concurred in by Sweeney and Kato, JJ.
EXHIBIT 4.2

                                    AGREEMENT

     This  Agreement is made as of June 27, 2003, by and between EP  MedSystems,
Inc.  (the  "Company"),   a  New  Jersey   corporation,   and  William  Winstrom
("Winstrom"), a New Jersey resident.

     Whereas,  the  Company  executed a Mortgage  Note in favor of  Winstrom  as
holder of said note, dated November 21, 2002 (the "Mortgage Note"),

     Whereas, the parties hereto desire to convert a the remaining amount of the
outstanding principal amount of the Mortgage Note into shares of Common Stock of
the Company,

         Now, therefore, the Company and Winstrom hereby agree as follows:

1.       Winstrom hereby converts the remaining $187,500 principal amount
         payable to him under the Mortgage Note into 87,617 shares of the
         Common Stock of the Company.

2.       The Conversion Date is June 27, 2003.

3.       As soon as practicable, the Company shall deliver to Winstrom a
         certificate representing the 87,617 shares of the Company's Common
         Stock, but no later than 45 days after the Conversion Date.

4.       The principal amount of the Mortgage Note shall be reduced by $187,500
         to $0 upon issuance of the shares.

5.       With the full principal amount of the outstanding Mortgage Note
         converted into shares of the Company's common stock, the principal
         amount of the Mortgage Note is deemed to be paid in full, and accrued
         interest shall be paid in accordance with the terms of the Mortgage
         Note.

6.       As soon as practicable, Winstrom will remove all liens associated with
         the mortgage.

7.       Promptly upon execution of this Agreement by the Company, and payment
         of accrued and unpaid interest thereon Winstrom shall return the
         original Mortgage Note to the Company for cancellation.

8.       The Company agrees to cause the registration of the 87,617 shares of
         the Company's Common Stock Issued to Winstrom pursuant to the terms of
         this Agreement as well as the 150,000 shares issued under the previous
         mortgage conversion, at the time shares held by other shareholders are
         registered on the Company's next registration statement on Form S-3,
         but no later than the 90 days from the Conversion Date.

9.       The Company represents that it has full corporate authority to enter
         into this Agreement and issue the shares of the Company's Common Stock
         referred to above.

     In Witness Whereof, the parties have executed this agreement as of the date
first above written.

                                  By:      EP MedSystems, Inc.


/s/ William Winstrom
William Winstrom                           /s/ Reinhard Schmidt
                                           Name:  Reinhard Schmidt
                                           Title:  Chief Executive Officer and
                                                   and President







C
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JORGE LEYVA, )

)

Appellant, )

)

v. ) Case No. 2D17-3938

)

STEPHANIE TORRES, )

)

Appellee. )

)

Opinion filed January 2, 2019.

Appeal from the Circuit Court for 

Hillsborough County; Richard A. Weis, 

Judge.

Michael A. Giasi of Giasi Law, P.A., Tampa, 

for Appellant.

No appearance for Appellee.

PER CURIAM.

Affirmed. 

LaROSE, C.J., and KELLY and BLACK, JJ., Concur.
# C_2022093EN.01000401.xml

| 28.2.2022 | EN | Official Journal of the European Union | C 93/4 |
| --- | --- | --- | --- |

28.2.2022

EN

Official Journal of the European Union

C 93/4

---

Non-opposition to a notified concentration

(Case M.10102 – VIG / AEGON CEE)

(Text with EEA relevance)

(2022/C 93/04)

On 12 August 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10102. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10102. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Page 76859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21416]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Diabetes and Digestive and Kidney Diseases; 
Notice of Closed Meeting

    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-DK-23-011: CKM for 
the Safe Use of SGLT2i in T1D.
    Date: October 29, 2024.
    Time: 10:00 a.m. to 2:00 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 and Digestive and Kidney Diseases, 
National Institutes of Health, 6707 Democracy Boulevard, Bethesda, 
MD 20892, (301) 496-7050, <a href="/cdn-cgi/l/email-protection#b9d5d8d797cdd0d8d7f9d7d0d197ded6cf"><span class="__cf_email__" data-cfemail="adc1ccc383d9c4ccc3edc3c4c583cac2db">[email protected]</span></a>.

(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. 2024-21416 Filed 9-18-24; 8:45 am]
BILLING CODE 4140-01-P


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<FISCAL-YEAR-END>                               DEC-31-1998
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<SECURITIES>                                     10,827,081
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