alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Chicago, Milwaukee *&*St. Paul Railway Company, Appellant, v. The City of Davenport, Appellee.

Appeal: divided court: affirmance of judgment. Where members of the Supreme Court are equally divided in opinion respecting a question controlling the appeal, the judgment of > the trial court is affirmed by operation of the statute.

*Appeal from Scott District Court.*— ■ HoN. J. W. BoliNger, Judge.

Thursday, June 15, 1905.

Tbe opinion states the case.

*Affirmed.*

*J. C. Cook*and *Lane &■ Waterman,*for appellant.

*Herufy*Theunen, Jr., for appellee.

Per curiam.

The question of controlling importance in this case is whether the general- statutes of this State having relation to the subject of the assessment for taxation of properties used exclusively in railway operation, and including the provisions of section 1305 of the Code, as amended, are applicable to and govern in the ease of the defendant, a special charter city, in respect of assessments for purely municipal purposes. The contention of the plaintiff is that the general statute applies to all taxing districts of the State, including special charter cities, and for all purposes; accordingly, that in each of such districts the assessment as made by the executive council of the State must be accepted, and taxes must be levied o’n the basis of taxable value — that is, one-fourth of the actual value, as provided for in said section 1305 — and in conformity with the assessment and certificatio'n as made by said council. The con*678tention of tbe defendant, on the other band, is that under the provisions of its special charter and the law of the ■State having direct relation to special charter cities it has full right and plenary power to make by its own officers independent assessments of railway properties for purely municipal purposes, and upon such basis as to valuations, common to all classes of property, as it may by ordinance elect; accordingly, that the railway assessment statute and section 1305 are without effect as related to-such municipal assessments.

The members of the court are equally divided in opinion respecting the question thus presented, and it follows that by operation of law the judgment of the trial court must be and it is *affirmed.*
Exhibit 8.01  Subsidiaries  Name
  
  Jurisdiction of
  Incorporation
  
  Other names under
  which entity operates1715495 Ontario Inc.
  
  Ontario
  
  NoneAgnico-Eagle Sweden AB
  
  Sweden
  
  NoneRiddarhyttan Resources AB
  
  Sweden
  
  NoneAgnico-Eagle AB
  
  Sweden
  
  NoneOijarvi Resources Oy
  
  Finland
  
  None989093 Ontario Limited
  
  Ontario
  
  NoneAgnico Eagle
  Mexico, S.A. de C.V.
  
  Mexico
  
  None1641315 Ontario Inc.
  
  Ontario
  
  NoneServicios
  Agnico Eagle Mexico, S.A. de C.V.
  
  Mexico
  
  NoneServicios Pinos
  Altos, S.A. de C.V.
  
  Mexico
  
  NoneAgnico-Eagle (Delaware) LLC
  
  Delaware
  
  NoneAgnico-Eagle (Delaware) II LLC
  
  Delaware
  
  NoneAgnico-Eagle (Delaware) III LLC
  
  Delaware
  
  NoneAgnico-Eagle (USA) Limited
  
  Colorado
  
  NoneRiddarhyttan Resources Oy
  
  Finland
  
  NoneAgnico-Eagle Acquisition Corporation
  
  British Columbia
  
  None
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 785 Referred in House (RFH)]

  2d Session
                                 S. 785

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2000

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
        For the relief of Francis Schochenmaier and Mary Hudson.

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

SECTION 1. RELIEF OF FRANCES SCHOCHENMAIER.

    The Secretary of the Treasury shall pay, out of any moneys in the 
Treasury not otherwise appropriated, to Frances Schochenmaier of 
Bonesteel, South Dakota, the sum of $60,567.58 in compensation for the 
erroneous underpayment to Herman Schochenmaier, husband of Frances 
Schochenmaier, during the period from September 1945 to March 1995, of 
compensation and other benefits relating to a service-connected 
disability incurred by Herman Schochenmaier during military service in 
World War II.

SEC. 2. RELIEF OF MARY HUDSON.

    Notwithstanding section 5121(a) of title 38, United States Code, or 
any other provision of law, the Secretary of Veterans Affairs shall not 
recover from the estate of Wallace Hudson, formerly of Russellville, 
Alabama, or from Mary Hudson, the surviving spouse of Wallace Hudson, 
the sum of $97,253 paid to Wallace Hudson for compensation and other 
benefits relating to a service-connected disability incurred by Wallace 
Hudson during active military service in World War II, which payment 
was mailed by the Secretary to Wallace Hudson in January 2000 but was 
delivered after Wallace Hudson's death.

SEC. 3. LIMITATION ON FEES.

    (a) In General.--Not more than a total of 10 percent of the payment 
required by section 1 or retained under section 2 may be paid to or 
received by agents or attorneys for services rendered in connection 
with obtaining or retaining such payment, as the case may be, any 
contract to the contrary notwithstanding.
    (b) Violation.--Any person who violates subsection (a) shall be 
fined not more than $1,000.

            Passed the Senate September 28 (legislative day, September 
      22), 2000.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
```
**EXHIBIT 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-74278, No.333-92324, No. 333-108348, No. 333-112326, No. 333-122656 and No. 333-132333) and the Registration Statement on Form S-3 (No. 333-108346) of Magma Design Automation, Inc. of our report dated June 14, 2005 relating to the financial statements,financial statement schedule, management’s assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

 

/s/ PricewaterhouseCoopers LLP 

 

San Jose, California 

June 7, 2006
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### November 29, 2007 Clifford W. Taylor, Chief Justice


### 134635 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices



### v SC: 134635 COA: 277936 Wayne CC: 96-001547-01 JEFFREY JEROME HAMILTON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 19, 2007 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

s1119 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2007

Clerk
<PAGE>

                                                                     EXHIBIT 32.

                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 Amendment No.1 to Annual Report of Lodgian, Inc.,
(the "Company") on Form 10-K/A for the year ended December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
we, W. Thomas Parrington, the Chief Executive Officer and Linda Borchert Philp,
the 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 our knowledge and after reasonable inquiry:

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.



                                       LODGIAN, INC.



Date: March 23, 2005                   By: /s/  W. THOMAS PARRINGTON
                                          --------------------------------------
                                                 W. THOMAS PARRINGTON
                                          President and Chief Executive Officer



Date: March 23, 2005                   By: /s/  Linda Borchert Philp
                                          --------------------------------------
                                                   Linda Borchert Philp
                                               Executive Vice President and
                                                  Chief Financial Officer

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 Lodgian, Inc. and will be retained
by Lodgian, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.
#### State of Iowa v. Robert Calahan, Appellant.

Conviction for assault to murder: no error discovered in partial TRANSCRIPT.

*Appeal from Poitc District Court.*— Hon. W. F. Conrad, Judge.

Friday, February 9, 1894.

Indictment for an assault with intent to commit murder. The defendant appeals from a conviction and judgment of imprisonment in the penitentiary. The cause was submitted on a partial transcript, without the evidence, or instructions of the *court.*

Affirmed.

No appearance for appellant.

Per Curiam.

We have;examined the record, as the law requires, and, finding no error, the judgment is affirmed.
##### 



1100 LOUISIANA SUITE 3800 HOUSTON, TEXAS 77002-5218 fAX (713) 651-0849 TELEPHONE (713) 651-9191
EXHIBIT23.C CONSENT OF RYDER SCOTT COMPANY,L.P. As independent petroleum engineers, Ryder Scott
Company, L.P. hereby consents to the incorporation by reference in the Registration Statements on
Form S-3 (File Nos. 333-127797 and 333-134406) and Form S-8 (File Nos. 333-127951, 333-126599,
333-126597, 333-96959, 333-26813,333-26831,333-26823,033-46519, 033-49956, 033-51851, 033-57553,
03351853, 333-75781, 333-78949, 333-78951, 333-78979, 333-94717, 333-94719, 333-64240, 333-31060)
of EI Paso Corporation of the reference to us and our reports under the captions Part I. Business
- Exploration and Production Segment  Natural Gas and Oil Properties and Part II. Item 8.
Financial Statements and Supplementary Data  Notes to Consolidated Financial Statements -
Supplemental Natural Gas and Oil Operations (Unaudited) and our reserve reports attached as
Exhibits 99.A and Exhibits 99.B in the Annual Report on Form 10K of EI Paso Corporation for the
year ended December 31, 2007. RYDER SCOTT COMPANY,L.P. Houston, Texas February 25, 2008 1200. 530
- 8TH AVENUE. S.W. 621 17TH STAEET. SUITE 1550 CALGAAY. AlBEATA T2P 358 DENVEA. COLOAADO 80293-1501
Tel (403) 262-2799 TEL (303) 623-9147 fAX (403) 262-2790 fAX (303)623-4258
Exhibit 23.BCONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe hereby consent to the incorporation by reference in the RegistrationStatements on Form S-3 (File Nos. 333-127797 and 333-134406) and Form S-8 (FileNos. 333-127951, 333-126599, 333-126597, 333-96959, 333-26813, 333-26831,333-26823, 033-46519, 033-49956, 033-51851, 033-57553, 033-51853, 333-75781,333-78949, 333-78951, 333-78979, 333-94717, 333-94719, 333-64240, 333-31060) ofthe following reports which appear in this Form 10-K:**•** Our report dated March 2, 2006, except for the eleventh paragraph ofNote 2, as to which the date is May 10, 2006, and the tenth paragraph ofNote 2, as to which the date is February 26, 2007, relating to theconsolidated financial statements and financial statement schedule of ElPaso Corporation.**•** Our report dated February 23, 2007 relating to the financial statementsof Four Star Oil & Gas Company.**•** Our report dated February 26, 2007 relating to the consolidatedfinancial statements of Citrus Corporation./s/PricewaterhouseCoopers LLPHouston, Texas
Exhibit
32
  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 Lexon Technologies, Inc. (the “Company”) on
Form 10-KSB for the year ended December 31, 2007, as filed with the Securities
and Exchange Commission on the date hereof (“Report” ), I, Hyung Soon Lee,
Principal Executive Officer and Principal Financial 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 and
belief:
 
 (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.
  ______/s/ Hyung Soon
Lee_________
 Hyung
Soon Lee
 Principal
Executive Officer
 Principal
Financial Officer
 Date:
March 28, 2008
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

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, PAR Panel: Transformative Research Award for the Include Project, November 21, 2024, 09:00 a.m. to November 21, 2024, 08:00 p.m., National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892, which was published in the                     **Federal Register**                     on October 25, 2024, FR Doc. No. 2024-24882, 89 FR 85222.                

This notice is being amended to change the Panel Name of the meeting from Center for Scientific Review Special Emphasis Panel; PAR Panel: Transformative Research Award for the Include Project to Center for Scientific Review Special Emphasis Panel; RFA-OD-22-009: Transformative Research Award. The meeting is closed to the public.

Dated: October 28, 2024.

Lauren A. Fleck, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-25413 Filed 10-31-24; 8:45 am]

BILLING CODE 4140-01-P
#### *Doe on dem of*ARNOLD WATKINS *v. The heirs of*CELIA EASLEY.

The heirs-at-law of a deceased defendant cannot, against the will of the plaintiff’s lessor, make themselves a party to an action of ejectment, so as to prevent the suit from abating.

At the Spring Term, 1857, of Stanly Superior Court, a motion was made before PeesoN, Judge, by the heirs-at-law of Celia Easley, whose death had been suggested upon the record, to be permitted to make themselves parties defendant in lieu of their deceased mother, and a proper bond for that purpose was filed by them in the office of the Court.

The motion was opposed by the lessor of the plaintiff, and refused by the Court, from which judgment the said persons, the heirs of Celia Easley, appealed to this Court.

No counsel appeared for the plaintiff in this Court.

Bryan, for defendants.

*287Battle, J.

The question presented in this case depends upon the proper construction of the 5th section of the 1st chapter of the Bevised Code. This enactment was originally made in 1799, and was intended to prevent the abatement of an action of ejectment by the death of the defendant therein. The mischief at common law was, that upon the death of the defendant, the suit abated, in consequence of which the plaintiff’s lessor had to pay his own costs, and commence a new suit against the heirs, or devisees. To prevent this, the Act authorised the lessor to revive the ’suit by serving on the heirs-at-law, or devisees, of the deceased defendant, or the guardian, within two terms after the death of the defendant, “a copy of the declaration filed in the said action,” &c. This was intended for the benefit of the lessor, and though we have no doubt he might permit the heirs, or devisees to come in voluntarily, and be made parties, yet' we cannot discover anything, either in the policy, or terms of the Act, which gives them the right to come in, and be made parties against his will. lie may prefer to suffer the action to abate, in order to avoid the risk of having all the costs to pay in the event of a decision against him. If he choose to abandon his suit upon an abatement, because he may thereby avoid the payment of oth,er costs than his own, we do not see that the Act in question gives to the heirs, or devisees, of the deceased defendant, any right to prevent it.

*We*have examined the cases referred to by the defendant’s counsel, and we cannot find anything in opposition to these views.

Pee OueiaM. Judgment affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6951
DONALD DEVAN EDWARDS, Petitioner - Appellant, versus PATRICIA R. STANSBERRY, Warden, LSCI Butner, NC, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-05-267-5) Submitted: January 19, 2006 Decided: January 24, 2006 Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Donald Devan Edwards, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Donald Devan Edwards, a federal prisoner, appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2241 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Edwards v. Stansberry , No. CA-05-267-5 (E.D.N.C. June 16, 2005). 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
Exhibit 99.9  CONSENT OF DANIEL DOUCET  I consent to the inclusion in the Annual Report on Form 40-F of Agnico Eagle Mines Limited for the year ended December 31, 2016 filed with the Securities and Exchange Commission on March     , 2017 (the Annual Report) of my name and the information that I have approved of as a qualified person under the Canadian Securities Administrators National Instrument 43-101 in the Annual Information Form of Agnico Eagle Mines Limited dated March     , 2017 (the AIF) filed as part of the Annual Report.  I also consent to the incorporation by reference in the Registration Statements on Form F-10 (registration no. 333-206498), Form F-3D (registration no. 333-215096) and Form S-8 (registration nos. 333-130339 and 333-152004) of the reference to my name and the above-mentioned information in the AIF.  March 27, 2017  /s/Daniel DoucetDaniel DoucetSenior Corporate   Director, Reserve Development
**Exhibit31.1**

 

I, George R. Chapdelaine, certify that:

 

1.               Ihave reviewed this report on Form 10-Q of Boston Restaurant Associates, Inc.;

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on myknowledge, the financial statements and other financial information included inthis report,  fairly present in allmaterial respects the financial condition, results of operations,  and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               The registrant’sother certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e) for the registrant and have:

 

(a)          Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

 

(b)         [omitted]

 

(c)          Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport; and

 

(d)         Disclosed in this reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter that has materiallyaffected or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.               The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation  of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

(a)          All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which  are reasonably likely toadversely affect the registrant’s ability to record, process, summarize, andreport financial information; and

 

(b)         Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.

 
| Date:  September 1, 2004 | /s/ George R. Chapdelaine            |   |
|------------------------------------|--------------------------------------|--------|
|                               | George R. Chapdelaine, President and |
|                               | Chief Executive Officer              |

 

----
EXHIBIT 10.28









                                                          March 1, 2000








Dr. Arol I. Buntzman
325 Mile Square Road
Yonkers, New York 10701

Dear Arol:

     This will confirm our  agreement  regarding  the shares of capital stock of
Educational Video  Conferencing,  Inc. owned by me. Until December 31, 2001, all
of such shares shall be voted as you direct on any matter  requiring the vote or
consent of stockholders.


                                                  Sincerely yours,

                                                 /s/ Richard Goldenberg
                                                  Richard Goldenberg

                                                /s/ Bonnie Goldenberg
                                                 Bonnie Goldenberg

AGREED:

/s/ Dr. Arol I. Buntzman
------------------------
Dr. Arol I. Buntzman