alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Olson and wife, Respondents, vs. Rink and others, Appellants.*

*October 9*

November *6, 1951.*

*600
      *Frank L. Morrow*of Eau Claire, for the appellants.

For the respondents there was a brief by *Dennis B. Daniel-son*and *Edward T. Vino pal,*both of Eau Claire, and oral argument by *Mr. Danielson.*

Motion for rehearing denied, with $25 costs, on January 8, 1952.

Gehl, J.

But one question is presented: Is there any credible evidence which will support the jury’s finding that Rink was causally negligent in failing to maintain proper lights on his truck ? If there is, then under the familiar rule, to which we need cite no authorities, the judgment must be affirmed.

Olson testified that as he approached the truck he did not see any lights upon it. His wife’s testimony is the same. Roger Brown, a traffic officer, called by plaintiffs, testified that he does not recall that when he arrived upon the scene there were any lights burning on the truck, and that when he followed it to Eau Claire after the collision he did not notice whether the headlights were working or whether there were any clearance lights on the vehicle, but that there was a taillight burning. Lynn H. Blakely, also called by plaintiffs, testified that he was following the truck at a distance of from two to three hundred feet; that it had no taillight; *601that he does not recall seeing any front lights on the truck prior to the collision; and that there were no lights on it after the accident.

Against this is the testimony of Rink who says that his headlights were burning.

The disputed testimony presented to the jury an issue as to Rink’s negligence, the violation of sec. 85.06 (2) (a), Stats., which requires that a motor vehicle shall be equipped with at least two headlights, and resulted in a finding which we may not disturb.

Defendants contend, however, that, assuming that the truck was being operated without headlights, there is no credible evidence to support the jury’s finding that such failure was a cause of the collision. The answer to the contention is contained in the opinion in *McGuiggan v. Hiller Brothers,*209 Wis. 402, 407, 245 N. W. 97, where the court says:

> “It will be noted that the obligation imposed upon trucks affected by this section [85.06] is not merely to keep entirely upon the right side of the highway, but also to carry the required lights, — a statutory recognition of the fact that the two hazards are separate and distinct, and that the failure to have lights may be the cause of an accident, even though the truck be operated upon the right side of the road.”

It is true that in the *McGuiggan Case, supra,*the court was dealing with the absence of clearance lights only, and that the court had in mind the fact that clearance lights are required upon a truck to warn an approaching driver against the assumption usually made that the vehicle is of ordinary width. That fact does not distinguish the facts of the case from those here involved. We adhere to the rule that “the failure to have lights may be the cause of an accident, even though the truck be operated upon the right side of the road.”

*By the Court.*— Judgment affirmed.
* Pursuant to 5 TH C IR

. R. 47.5, the court has determined th a t

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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-60108

Summary Calendar

NORMA A. SMITH,

Plaintiff-Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF

SOCIAL SECURITY,

Defendant-Appellee.

Appeal from the United States District Court

for the Southern District of Mississippi

(4:95-CV-9-L-S)

September 25, 1998

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM: *

Norma Smith appeals from a judgment affirming the decision of

the Commissioner of Social Security that denied her cl aim for

disability insurance and supplem e ntal security benefits. She

argues that the administrative law judge (ALJ) erred in not finding

her subjective complaints of pain credible and also in holding that

she is capable of a reduced range of sedentary work. She further

argues that the ALJ erred in relying on the Medical-Vocational

Guideline s and the testimony of the Vocational Expert in2

determining that jobs exist in the national economy for individuals

with her limitations.

We find that there exists substantial evidence to support the

ALJ’s findings. Given the evidence of Smith’s daily activities and

her present course of medical treatment, the ALJ was entitled to

find her complaints of debilitating pain overstated. S ee Ripley v.

Chater

, 67 F.3d 552, 556 (5th Cir. 1995). Furthermore, contrary to

Smith’s suggestion, the ALJ did not improperly rely solely on the

“grids” in the Medical Vocational Guidelines in finding that jobs

exist in the national economy for someone of Smith’s limitations.

Rather, the ALJ used the grids only as a framework, premising his

conclusion primarily upon the individualized testimony of the

Vocational Expert. Because (considering the objective medical

evidence in the record) the ALJ was entitled to disbelieve Smith’s

complaints of debilitating pain, see Carrier v. Sullivan

, 944 F.2d

243, 247 (5th Cir. 1991), the ALJ was free to disregard the

Vocational Expert’s statement that Smith would be unable to work if

her complaints were true. Accordingly, the decision of the

district court is AFFIRMED.
II

106TH CONGRESS

1ST SESSION S. 345

To amend the Animal Welfare Act to remove the limitation that permits

interstate movement of live birds, for the purpose of fighting, to States

in which animal fighting is lawful.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 3, 1999

Mr. ALLARD introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Animal Welfare Act to remove the limitation

that permits interstate movement of live birds, for the

purpose of fighting, to States in which animal fighting

is lawful.

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

3 SECTION 1. INTERSTATE MOVEMENT OF ANIMALS FOR ANI4 MAL FIGHTING.

5 Section 26 of the Animal Welfare Act (7 U.S.C.

6 2156) is amended—

7 (1) by striking subsection (d); and
2

•S 345 IS

1 (2) by redesignating subsections (e) through (h)

2 as subsections (d) through (g), respectively.

Æ
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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4829-DR; Docket ID FEMA-2024-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4829-DR), dated September 29, 2024, and related determinations.

# DATES:

This amendment was issued October 9, 2024.

# FOR FURTHER INFORMATION CONTACT:

                        Dean Webster, Office of Response and Recovery, Federal Emergency                               ( print page 84925)                            Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.                    

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 29, 2024.

Chester and Orangeburg Counties for Individual Assistance (already designated for Public Assistance).

Kershaw County for Individual Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2024-24682 Filed 10-23-24; 8:45 am]

BILLING CODE 9111-23-P
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      I, Richard Goldenberg, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of EVCI Career Colleges Holding Corp. on Form 10-KSB for the year
ended December 31, 2004 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such report fairly presents in all material respects the financial condition and
results of operations of EVCI Career Colleges Holding Corp.


Dated: March  23, 2005                                   /s/ Richard Goldenberg
                                                         -----------------------
                                                         Richard Goldenberg
                                                         Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2000
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         710,248
<SECURITIES>                                         0
<RECEIVABLES>                                  648,013
<ALLOWANCES>                                   505,659
<INVENTORY>                                          0
<CURRENT-ASSETS>                               312,196
<PP&E>                                         679,710
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,506,521
<CURRENT-LIABILITIES>                        7,197,762
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    13,051,592
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 3,506,521
<SALES>                                        530,636
<TOTAL-REVENUES>                               530,636
<CGS>                                          318,313
<TOTAL-COSTS>                                4,379,037
<OTHER-EXPENSES>                               180,940
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             114,200
<INCOME-PRETAX>                            (4,347,654)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,347,654)
<EPS-BASIC>                                     (0.37)
<EPS-DILUTED>                                   (0.37)


</TABLE>
<PAGE>



                              THE BANC CORPORATION

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350


         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned officer of The Banc
Corporation (the "Company") certifies that, to his knowledge, the Annual Report
on Form 10-K of the Company for the year ended December 31, 2002 as filed with
the Securities Exchange Commission on the date hereof (the "Report") fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.



Dated:  April 14, 2003                                 /s/ David R. Carter
                                                    --------------------------
                                                         David R. Carter
                                                     Chief Financial Officer


         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.
Order filed, February 14, 2013.

In The

Fourteenth Court of Appeals

____________

NO. 14-12-00959-CR

____________

JULIO C CANAS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1286982

ORDER

The reporter’s record in this case was due December 7, 2012. See Tex. R. 

App. P. 35.1. On December 11, 2012, this court granted the court reporters request 

for extension of time to file the record until January 9, 2013. On January 11, 2013, 

this court granted a second request for extension of time to file the record until 

February 17, 2013. To date, the record has not been filed with the court. On 
February 12, 2013, the court reporter filed another request for extension of time. 

The court GRANTS the third request and issues the following order.

We order Gayle Reynolds and Tammy Adams, the court reporters, to file 

the record in this appeal on or before February 28, 2013. No further extensions

will be entertained absent exceptional circumstances. The trial and appellate 

courts are jointly responsible for ensuring that the appellate record is timely filed. 

See Tex. R. App. P. 35.3(c). If Gayle Reynolds and/or Tammy Adams does not 

timely file the record as ordered, the Court may issue an order directing the trial 

court to conduct a hearing to determine the reason for the failure to file the record.

PER CURIAM
SECTION 302
CERTIFICATION

I, Martin Tutschek, certify that:

I have reviewed this annual report on
Form 20-F of Forum National Investments Ltd.;

Based on my knowledge, this annual
report does not contain any untrue statement of a material fact or omit to
state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with
respect to the period covered by this annual report;

Based on my knowledge, the financial
statements, and other financial information included in this annual report,
fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods
presented in this annual report;

The company's other certifying officers
and I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the
registrant and we have:

Designed such disclosure controls and
procedures to ensure that material information relating to the registrant,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this annual report is
being prepared;

Designed such internal control over
financial reporting, or caused such internal control over financial reporting
to be designed under our supervision, to provide reasonable supervision, to
provide reasonable assurance regarding the reliability of financial reporting
and the preparation of financial statements for external purposes in accordance
with generally accepted accounting principles.

Evaluated the effectiveness of the
company's disclosure controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure controls and procedures,
as of the end of the period covered by this annual report based on such
evaluations; and

Disclosed in this report any change in
the company’s internal control over financial reporting that occurred during
the period covered by the annual report that has materially affected, or is
reasonably likely to materially affect, the company’s internal control over
financial reporting: and

The company's other certifying officers
and I have disclosed, based on our most recent evaluation of internal control
over financial reporting, to the company's auditors and the audit committee of
the company's board of directors (or persons performing the equivalent
function):

All significant deficiencies and
material weakness in the design or operation of internal control of financial
reporting which are reasonably likely to affect the registrant's ability to
record, process, summarize and report financial information; and

Any fraud, whether or not material, that
involves management or other employees who have a significant role in the
registrant's internal controls over financial reporting.

|Date:
  March 2, 2012 | /s/
  Martin Tutschek                                  
|--------------------- | -------------------------------------------------------
|                      | Martin
  Tutschek, Chief Financial Officer and Director

---
Exhibit 32.2Certification of
Chief Executive Officer pursuant to Rule 13a-14(b) of the Exchange Act and 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 on Form 10-Q of Advant-e Corporation (the Company) for the quarterly period ended September 30, 2010 as filed with the Securities and Exchange
Commission on the date hereof (the report), the undersigned, Jason K. Wadzinski, Chief Executive Officer of the Company, 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.



|                         |  |     |  |                        
|------------------------ |  | --- |  | -----------------------
|Dated: November 12, 2010 |  | By: |  | /s/ James E. Lesch     
|                         |  |     |  | James E. Lesch         
|                         |  |     |  | Chief Financial Officer
#### Ahrens, Appellant, vs. Schneider and another, Respondents.

For the appellant: *Gruhle S’ Fessler*of Sheboygan.

For the respondents: Bassuener, *Humke & Poole*of She-boygan.

*By the Court.*

Judgment affirmed.
### IN THE

TENTH COURT OF APPEALS

No. 10

- 21

- 00164

- CR

JOSE MAURICIO

, Appellant

v.

THE STATE OF TEXAS

, Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court No. 19

- 03215

- CRF

- 272

A B A T E M E N T ORDER

Appellant has filed a Motion to Substitute Counsel

. We abate this case to the trial

court for resolution of this matter. The trial court shall rule upon Appellant ’ s motion

within twen ty (20) days from the date of this Order. After the trial court has ruled, the

clerk of the c ourt shall file a supplemental clerk ’ s record with this court within ten ( 10 )

days.Mauricio v. State Page 2 PER CURIAM

Before Chief Justice Gray and

Jus t i ce Johnso n Appeal abat ed

Order delivered and filed August 4,2021

RWR/RWO
SCWC-11-0000063

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

STATE OF HAWAI#I,

Respondent/Plaintiff-Appellee,

vs.

SANDRA M. HEFFELFINGER,

Petitioner/Defendant-Appellant.

 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(ICA NO. CAAP-11-0000063; CR. NO. 09-1-1889)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(by: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ., and

Circuit Judge Nishimura, in place of Duffy, J., recused)

Petitioner/Defendant-Appellant Sandra M. Heffelfinger’s

application for writ of certiorari, filed on April 23, 2012, is

hereby rejected.

DATED: Honolulu, Hawai#i, June 5, 2012.

Taryn R. Tomasa,

Deputy Public Defender,

on the application for

Petitioner/DefendantAppellant.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Rhonda A. Nishimura

Electronically Filed

Supreme Court

SCWC-11-0000063

05-JUN-2012

02:10 PM