alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Submitted October 16,

affirmed October 22, 1973

#### STATE OF OREGON, *Respondent, v.*MELVIN THOMAS GERST (No. 42124), *Appellant.*

514 P2d 1373

*Gary D. Babcock,*Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem, for appellant.

*Lee Johnson,*Attorney General, John W. Osburn, Solicitor General, and Tbomas H. Denney, Assistant Attorney General, Salem, for respondent.

Before Schwab, Chief Judge, and Foley and TaNzer, Judges.

Affirmed.. ORS 41.260; ORS 41.900 (8); *State v. Crawley,*242 Or 601, 604, 410 P2d 1012 (1966).

PER CURIAM.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals

Fifth Circuit 

## FILED May 20, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-20863 Summary Calendar
RICHARD SANCHEZ; RICHARD SANCHEZ, as next friend of A S Plaintiffs-Appellants,

versus ABBOTT LABORATORIES INC; ET AL Defendants ABBOTT LABORATORIES INC; MEDLINE INDUSTRIES INC Defendants-Appellees

-------------------- Appeal from the United States District Court for the Souther District of Texas, Houston

USDC No. 4:03-CV-1820

-------------------- Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM: * Plaintiff-Appellant Richard Sanchez appeals the district court’s order granting Defendants-Appellees’ motion for summary judgment. We review summary judgments de novo and apply the same standard as the district court. Machinchick v. PB Power, Inc. , 398 F.3d 345, 349 (5th Cir. 2005). Appellant filed suit in this case because his severelydisabled ten-year-old child became seriously ill. He attributed

his child’s illness to the feeding tube food manufactured by Appellee Abbott Laboratories Inc. and shipped by Appellee Medline Industries Inc. In granting the motion to dismiss, the district court found that proximate causation had not been shown between any potential contamination or spoilage of the food and the child’s subsequent illness. Appellant’s brief advances several arguments regarding what he argues were improper exclusions of witness testimony and an affidavit by the district court. The district court concluded, though, that even if the evidence had been admitted, it still failed to show proximate causation of the child’s illness. Appellant’s brief concerns itself with admission of the testimony and the affidavit and does not meaningfully contest the independent causation ground for summary judgment. See F ED . R.
A PP . P. 28(a)(9)(A) (“[T]he argument . . . must contain appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.”). We thus deem the argument to be conceded. See Local Union No. 898 of the Int’l Bhd. of Elec. Workers v. XL Elec.,
Inc. , 380 F.3d 868, 871 (5th Cir. 2004) (“The Union has not made any argument challenging the merits of the district court’s ultimate conclusion that the Agreement was properly terminated. The Union thus waived any argument along those lines . . . .”);
Green v. State Bar , 27 F.3d 1083, 1089 (5th Cir. 1994) (“A partywho inadequately briefs an issue is considered to have abandoned

the claim.”). Therefore, we affirm.
AFFIRMED.
II

106TH CONGRESS

1ST SESSION S. 818

To require the Secretary of Health and Human Services to conduct a study

of the mortality and adverse outcome rates of medicare patients related

to the provision of anesthesia services.

IN THE SENATE OF THE UNITED STATES

APRIL 15, 1999

Mr. DEWINE (for himself and Mr. REID) introduced the following bill; which

was read twice and referred to the Committee on Finance

A BILL

To require the Secretary of Health and Human Services

to conduct a study of the mortality and adverse outcome

rates of medicare patients related to the provision of

anesthesia services.

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 ‘‘Safe Seniors Assurance

5 Study Act of 1999’’.

6 SEC. 2. ANESTHESIA OUTCOME STUDY.

7 (a) STUDY.—
2

•S 818 IS

1 (1) IN GENERAL.—The Secretary of Health and

2 Human Services shall conduct a study concerning

3 the mortality and adverse outcome rates of medicare

4 patients related to the provision of anesthesia serv5 ices. In conducting such study, the Secretary shall

6 analyze the impact of physician supervision of pro7 viders of anesthesia services, or lack thereof, on such

8 mortality and adverse outcome rates.

9 (2) CONSULTATION.—In conducting the study

10 under paragraph (1), the Secretary of Health and

11 Human Services shall consult with appropriate na12 tional professional organizations with respect to the

13 methodology of the study, and shall use medicare op14 erating room anesthesia data, adjusted for patient

15 acuity and other relevant scientific variables.

16 (b) REPORT.—Not later than June 30, 2000, the

17 Secretary of Health and Human Services shall prepare

18 and submit to the appropriate committees of Congress a

19 report containing the results of the study conducted under

20 subsection (a).

21 (c) CONSIDERATION OF REPORT IN RULEMAKING.—

22 The Secretary of Health and Human Services shall con23 sider the results of the study conducted under subsection

24 (a) when determining if any modification or amendment

25 to medicare regulations promulgated under title XVIII of
3

•S 818 IS

1 the Social Security Act (42 U.S.C. 1395 et seq.), and in

2 effect on January 1, 1999, relating to physician super3 vision of anesthesia services is appropriate.

Æ
<PAGE>
                                                                    EXHIBIT 99.1
                            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 Mitcham Industries, Inc. (the
"Company") on Form 10-Q for the period ending April 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Billy
F. Mitcham, Jr., Chief 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:

         (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.

/s/ Billy F. Mitcham, Jr.
--------------------------
Billy F. Mitcham, Jr.
Chief Executive Officer
June 16, 2003
SIXTH AMENDMENT TO LEASE
 th
 W I T N E S S E T H:
 WHEREAS,
 WHEREAS,
 NOW, THEREFORE,
 Definitions
 1.
    
    Term. The Term of the Lease shall be extended for an eighteen (18) month
period beginning January 1, 2010 and ending June 30, 2011 (Extension Term).
 2.
    
    Annual Rent and Monthly Installment of Rent (Article 3). The Annual Rent
and Monthly Installment of Rent for the Extension Term shall be as follows:
 Period
    
    Rentable
    
    Annual Rent
    
    
    
    MonthlySquare
    
    Per Square
    
    
    
    Installmentfrom
    
    through
    
    Footage
    
    Foot
    
    Annual Rent
    
    of Rent01/1/2010
    
    06/30/2011
    
    284,559
    
    $4.32
    
    $1,229,294.88
    
    $102,441.24
 3.
    
    Incorporation. Except as modified herein, all other terms and conditions of the
Lease between the parties above described, as attached hereto, shall continue in full force
and effect.
 [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
 
  Page 1 of 2




---



##### 



4.
    
    Limitation of Lessors Liability. Redress for any claim against Lessor under
this Amendment and the Lease shall be limited to and enforceable only against and to the
extent of Lessors interest in the Building. The obligations of Lessor under this Amendment
and the Lease arc not intended to be and shall not be personally binding on, nor shall any
resort be had to the private properties of, any of its or its investment managers trustees,
directors, officers, partners, beneficiaries, members, stockholders, employees, or agents,
and in no case shall Lessor be liable to Lessee hereunder for any lost profits, damage to
business, or any form of special, indirect or consequential damages.
 IN WITNESS WHEREOF,
 LESSOR:
    
    
    
    LESSEE:CLP INDUSTRIAL PROPERTIES, LLC,
    
    
    
    SKECHERS USA, INC.,a Delaware limited liability company
    
    
    
    a Delaware corporationBy: RREEF Management Company,a Delaware corporation, Authorized AgentBy:
    
    /s/   Elaine M. Seaholm
    
    
    
    By:
    
    /s/    David WeinbergName:
    
    Elaine M. Seaholm
    
    
    
    
    
    Name:
    
    David WeinbergTitle:
    
    Vice President / District Manager
    
    
    
    
    
    Title:
    
    Chief Operating OfficerDated:
    
    10/26/09
    
    
    
    
    
    Dated:By:
    
    /s/  Frederick H. Schneider, Jr.Name:
    
    Frederick H. Schneider, Jr.Title:
    
    Chief Financial OfficerDated:
 [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
  Page 2 of 2
[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Page 83916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24051]


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

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.

DATES: Date of required notice: October 18, 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 
October 8, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 450 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-43, K2025-42.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-24051 Filed 10-17-24; 8:45 am]
BILLING CODE 7710-12-P
**EXHIBIT 31.1**
**CERTIFICATION OF**
**DAVID SUTHERLAND-YOEST, CHIEF EXECUTIVE OFFICER**
I, David Sutherland-Yoest, certify that:
1. I have reviewed this annual report on Form 10-K of Capital EnvironmentalResource Inc.;
2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis annual report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this annualreport;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15(d)-15(e)) for theregistrant and have:
 (a) designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;
 (b) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and
 (c) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrants’s fourth quarter that has materially affected,or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of registrant’s boardof directors (or persons performing the equivalent functions):
 (a) all significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and
 (b) any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.
     Date:June 8, 2004      By: /s/ David Sutherland-Yoest         Name: David Sutherland-Yoest
Exhibit 10(f)19

                         FIRST AMENDMENT TO THE DEFERRED
                     COMPENSATION PLAN FOR KEY EMPLOYEES OF
                       SAVANNAH ELECTRIC AND POWER COMPANY

                  WHEREAS, the Board of Directors of Savannah Electric and Power
Company (the "Company") heretofore adopted the Deferred Compensation Plan for
Key Employees of Savannah Electric and Power Company (the "Plan"), in order to
provide key management employees of the Company with long-term compensation
incentives; and

                  WHEREAS, the Plan has been amended from time to time to change
the terms of these long-term compensation incentives; and

                  WHEREAS, it is the Company's desire to amend the Plan at this
time to clarify administration of the Plan; and

                  WHEREAS, the Company has reserved the right to amend the Plan
at any time in Article XI of the Plan.

                  NOW, THEREFORE, effective October 12, 1994, the Company hereby
amends the Plan as follows:

                                                        1.

                  Section 2.2 of the Plan is amended by deleting such provision
in its entirety and inserting the following:

                  "Committee":  The Administrative Benefits Committee appointed
                  by the Board of Directors of the Company to administer the
                  Plan.

                  IN WITNESS WHEREOF, the Board of Directors of Savannah
Electric and Power Company hereby approves this First Amendment to the Deferred
Compensation Plan for Key Employees of Savannah Electric and Power Company, as
executed by the undersigned authorized officer, and further authorizes such
other actions necessary to implement this Amendment this _____ day of
________________, 1994, to be effective as of October 12, 1994.

                                     SAVANNAH ELECTRIC AND POWER COMPANY


                                     By:


                                     Arthur M. Gignilliat, Jr.
                                     President and Chief Executive Officer

ATTEST:



Lavonne K. Calandra
Corporate Secretary

(CORPORATE SEAL)
#### N. W. ARRINGTON *vs.*BENJAMIN SCREWS.

A legacy in the hands of an executor, due to a married woman, cannot he attached for a debt of the husband. It is not his until he reduces it into possession.

Process of attachment operates only on such interests of the debtor, as exist at the time it is served, aud not on such as may afterwards arise.

The cases of *Gentry*v. *Wagstoff,*3 Dev. 210, and *Flynn*v. *Williams,*I Ire. 509, cited and approved.

Appeal from the /Superior Court of Law of Nash County, at the Fall Term,. 1848, his Honor Judge Dick presiding.

This is an action of debt, commenced by original attachment. The case is this. Peter Arrington, deceased, bequeathed the sum of $300 to each of his grand children> Mary Drake, Adeline Drake, Richard Drake, and Mourning Screws, the wife of the defendant, with the following limitation over: “It is my will, if either of my said grandchildren die without leaving issue, then the property *43given to such one, be equally divided between the survivors.” The legacies were paid to the grand-children respectively; and afterwards Adeline died intestate, without having had issue, and leaving the others survive ing, and Kelly Rawls became her administrator, and received assets to a greater value than $300 ; and, being summoned as a garnishee in this suit, he stated the above case in his garnishment.

The plaintiff moved for the condemnation of one third part of the sum towards the satisfaction of his recovery; but the motion was refused and the garnishee discharged; And the plaintiff appealed.

*Miller,*for the plaintiff.

*B, F. Moore,*for the defendant.

Ruffin, C. J.

The Court concurs in the opinion of his Honor. An attachment may be served in the hands of any person indebted to the defendant or having any of his effects. But this interest of Mrs. Screws in the hands of her sister’s administrator, is not a debt to the defendant, her husband, but belongs to him and her in her right. It cannot become his, but by reducing it into possession. Regarding this interest as a debt, there is, then, an inconsistency in attaching it as a debt to the husband ; since, which outstanding, it cannot legally be his. He might, indeed, release the demand, or assign it in Equity; but unless he collects the money or disposes of the interest, the right of the wife continues and would survive to her or her representative. He could not recover it in his own name; and it follows, that it cannot be attached as a debt to him. Process operates only upon such interests of the debtor as exist at the time it is served, and not on such as may afterwards arise. *Gentry*v. *Wagstaff, 3*Dev. *270. Flynn*v. *Williams,*1 Ired. *509.*

Per Curiam. Judgment affirmed.
#### STATE v. FURNEY CHASE.

*Discharge, of jury before verdict, in felonies not capital.*

In misdemeanors and in all felonies not capital, the presiding judge has the discretion to discharge a jury before verdict in furtherance of justice. He need not find facts constituting the necessity for such discharge, nor is his action revievvable.

INdictment for Larceny tried at Fall Term, 1879, of Edgecombe Superior Court, before *Avery, J.*

*Attorney General*and *J. L. Bridgers, jr.,*for the State.

*Messrs. Phillips & Staton*and *W. P. Williamson,*for defendant.

Dillard, J.

The defendant was put on his trial in the inferior court of Edgecombe county on an indictment for larceny, and the jury not being able to agree on a verdict, the court ordered a juror to be withdrawn and a mistrial entered. The defendant moved for his discharge, and on refusal of his motion, he appealed to the superior court, and in that court the judgment below being affirmed, an appeal was taken to this court. .

It is insisted in this court that the withdrawal of a juror and a mistrial made in the inferior court before rendition of a verdict without the consent of the defendant and without *576the finding and entry of record of the facts constituting a necessity therefor, entitled him to be discharged from being again put on trial for the same offence; and it is assigned for error in the superior court that Plis Honor affirmed the judgment of the court below refusing to discharge him. The point made in this case is precisely the point that was presented and decided in *State*v. *Bass, ante,*570, and adhering to our ruling in that ease, we here refer to and adopt the opinion filed as governing the present appeal. And for the reasons therein specified we hold that the discharge of the jury before verdict rested in the sound discretion of the judge presiding, and his exercise of that discretion is not reviewable by us.

There is no error. Let this be certified to the end that the case may be proceeded-with according to law.

Per Curiam. No error.
<PAGE>
 
                                                                      Exhibit 21
 
                            AMSOUTH BANCORPORATION
                             LIST OF SUBSIDIARIES

The following is a list of all subsidiaries of AmSouth Bancorporation and the
jurisdiction in which they were organized. Each subsidiary does business under
its own name.


            Name                                  Jurisdiction Where Organized
            ----                                  ----------------------------

  ALABANC PROPERTIES, INC.                        Delaware

  AMSOUTH BANK                                    Alabama
    AmSouth Capital Corporation                   Delaware
    AmSouth Finance Corporation                   Alabama
    AmSouth Leasing Corporation                   Alabama
      AmSouth Leasing, Ltd.                       Alabama
    AmSouth Insurance Agency, Inc.                Florida
    AmSouth Investment Services, Inc.             Alabama
    AmSouth Retirement Services, Inc.             Florida
    AmSouth Riverchase, Inc.                      Alabama
    Cahaba Holdings, Inc.                         Delaware
      Cahaba Corporation                          Delaware
    Fifth Avenue Realty Company                   (unincorporated joint venture)
    FirstGulf Insurance Agency, Inc.              Alabama
    Five Points Capital Advisors, Inc.            Alabama
    FMLS, Inc.                                    Tennessee
    Fortune Mortgage Corporation                  Florida
    National Properties and Mining Company, Inc.  Delaware
    OakBrook Investments, LLC                     Delaware
    Rockhaven Asset Management, LLC               Delaware
    Sawgrass Asset Management LLC                 Delaware
    Service Mortgage and Insurance Agency, Inc.   Florida