alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John SULLIVAN et al *v.*J. D. VOYLES

5-5438

462 S. W. 2d 454

Opinion delivered February 1, 1971

*Giles Bearing,*for appellants.

*James Luker,*for appellee.

Conley Byrd, Justice.

Appellant John Sullivan is a neighbor and a rice farmer of appellee J. D. Voyles. Appellant Norman L. Burnett operates Burnett Flying Service. It is admitted that on May 20, 1968, Burnett applied some chemicals to Sullivan’s rice crop. Appel-*949lee Boyles brought suit for damages to his truck crops. The jury returned a verdict for $600 upon which judgment was entered. For reversal, appellants contend that there was no evidence of negligence; that appellee’s crops were so young and immature that the only measure of damage should have been rental value of his land, of which there was no evidence; and that appellee’s testimony was purely speculative, upon which a judgment should not be allowed to stand.

Mr. Voyles testified that he was in his field when the spraying started, that the wind was west northwest— *i. e.,*blowing from the direction of Sullivan’s farm where the spray was being applied — and that the spray came over on his farm. According to Voyles, at the time of the spraying he had a beautiful crop of tomatoes, squash and Irish potatoes. The tomatoes had little tomatoes beginning, the Irish potatoes would have been ready to dig by June 15 th and he had already had one mess of squash from his squash plants. The green beans had produced one mess for his personal use by June 2, some 12 days after the spraying, but when the rain hit them, they began to show damage from the chemical and dried up the same week.

After objection by appellants, Voyles was qualified as to his farming experience and also his truck farming experience. Based upon his experience he testified that 1968 was a good year for truck crops and that the two acres of tomatoes, without the damage, would have produced 35 bushels every other day for a period of three weeks at a value of $4.00 per bushel; that he actually picked 101 bushels; and that after deducting the expense of harvesting and selling, his damages amounted to $1,050 to $1,250. Like testimony was given about the squash, potatoes and the green beans.

Voyles’ testimony relative to the wind direction was substantial evidence of negligence in the application of the chemicals. See *Burns*v. *Vaughn,*216 Ark. 128, 224 S. W. 2d 365 (1949).

*950Testimony similar to Voyles’ testimony about the maturity value of his crops less the crops actually gathered and less the expense thereof was approved by this court in *Railway Company*v. *Lyman,*57 Ark. 512, 22 S. W. 170 (1893).

Neither can we agree with appellants that the crops here, near the fruiting stage, were so young and immature that they had no value.

Affirmed.

Harris, C. J., dissents.
AO 456s (Rev. 8/01) Notice

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

UNITED STATES OF AMERICA

Case Number: 1:00-cr-00093

V.

TODD BLAKE OLIVER Senior District Judge S. Arthur Spiegel

NOTICE

TAKE NOTICE that the SUPERVISED RELEASE REVOCATION HEARING (FINAL) in this case

has been set for the place, date, and time set forth below:

PLACE ROOM NO.

Potter Stewart U.S. Courthouse Courtroom #4, Room 842

100 East Fifth Street DATE AND TIME

Cincinnati, Ohio 45202 OCTOBER 12, 2006 at 10:00 AM

JAMES BONINI, CLERK

s/Kevin Moser 

Kevin Moser

Case Manager

(513) 564-7620

cc: Tim Oakley, Esq., AUSA Richard Smith-Monahan, Esq. USMS Probation Pretrial Services

You can obtain all the pretrial procedures and forms used by the Judge by visiting our website at

www.ohsd.uscourts.gov

Click on Judges and then on Procedures and Forms above the Judge’s address.

If you do not have the ability to access the Website for the Judge’s procedures and forms, please contact me.

Case 1:00-cr-00093-SAS Document 57 Filed 09/26/2006 Page 1 of 1
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. REGINALD BROWN, DEFENDANT-APPELLANT.

Superior Court of New Jersey Appellate Division

Argued December 6, 1977

Decided December 16, 1977.

*512Before Judges Matthews, Crane and Antell.

*Mr. Michael A. Querques*argued the cause for appellant *(Mr. Stuart M. Kurtzer*on the brief).

*Ms. Elizabeth Vort,*Deputy Attorney General, argued the cause for respondent *(Mr. William F. Hyland,*Attorney General, attorney. *Mr. Daniel A. Swiclc,*Deputy Attorney General, of counsel and on the brief).

Per Curiam.

We affirm the judgment of the Law Division substantially for the reasons expressed in Judge Bachman’s opinion which is reported in 143 *N. J. Super.*571.

In affirming, we note that defendant was charged with and convicted of atrocious assault and battery, a high misdemeanor. *N. J. S. A.*2A:90-1. Thus, this case does not involve a simple assault and battery either in the civil (common law) or disorderly persons *(N. J. S. A.*2A:170-26) sense. We find no necessity, under the present circumstances, to decide whether consent of the victim might constitute a complete defense to the latter situations. We do agree with Judge Bachman, however, that a victim cannot consent to the infliction of an atrocious assault and battery on his person and thus effectively bar the prosecution of his attacker.

Affirmed.
James Norman MORRIS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-808

District Court of Appeal of Florida, Second District.

Opinion filed January 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
## THE STATE OF TEXAS
MANDATE

TO THE 4TH DISTRICT COURT OF RUSK COUNTY , GREETINGS:
Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 14th
day of January, A.D. 2015, the cause upon appeal to revise or reverse your Judgment was

determined; and therein our said Court made its order in these words:

Eastman Gas Company, L.L.C., f/k/a Fairplay Gas, Appellant

v.

Goodrich Petroleum Company, L.L.C., Appellee No. 06

- 13

- 00128

- CV

Trial Court No. 2010

- 328

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court.
We further order that the appellant, Eastman Gas Company, L.L.C., f/k/a Fairplay Gas,
pay all costs of this appeal.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this
behalf, and in all things t o have it duly recognized, obeyed, and executed.
WITNESS, the Hon. Josh R. Morriss, III, Chief Justice of our said Court of Appeals, with
the seal thereof annexed, at the City of Texarkana, this the 14th day of October , A.D. 2015

.

DEBRA K. AUTREY , Clerk
##### 



EXHIBIT 21

Carmike Cinemas, Inc.

List of Subsidiaries


|                        |  |                        |          |         |  |  |      | 
|----------------------- |  | ---------------------- | -------- | ------- |  |  | ---- | 
|Subsidiary              |  | State of Incorporation |          | % Owned
|                        |  |                        |          |        
|Eastwynn Theatres, Inc. |  |                        | Alabama  |         |  |  | 100% | 
|Wooden Nickel Pub, Inc. |  |                        | Delaware |         |  |  | 100% | 
|Military Services, Inc. |  |                        | Delaware |         |  |  | 100% |
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 82 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
H. CON. RES. 82

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2022

    Received; referred to the Committee on Rules and Administration

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Authorizing the printing of a revised and updated version of the House 
     document entitled ``Black Americans in Congress, 1870-1989''.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. PRINTING OF REVISED VERSION OF ``BLACK AMERICANS IN 
              CONGRESS, 1870-1989''.

    (a) In General.--An updated version of House Document 101-117, 
entitled ``Black Americans in Congress, 1870-1989'' (as revised by the 
Library of Congress), shall be printed as a House document by the 

              

Director of the Government Publishing Office, with illustrations and 
suitable binding, under the direction of the Committee on House 
Administration of the House of Representatives.
    (b) Number of Copies.--In addition to the usual number, there shall 
be printed such number of copies of the document referred to in 
subsection (a) as does not exceed a total production and printing cost 
of $500,000, of which--
            (1) 80 percent shall be for the use of the Committee on 
        House Administration of the House of Representatives; and
            (2) 20 percent shall be for the use of the Committee on 
        Rules and Administration of the Senate.

            Passed the House of Representatives September 21, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Kevin F. McCumber,

                                                          Deputy Clerk.
```
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. §1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of HF Financial Corp. (the “Company”) on Form 10-Qfor the quarterly period ended December 31, 2009, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, DarrelL. Posegate, Executive Vice President, Chief Financial Officer and Treasurer ofthe Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

(1)                                The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
|   | /s/ Darrel L. Posegate                                                           |
|--------|----------------------------------------------------------------------------------|
|   | Darrel L. Posegate, Executive  Vice President, Chief Financial Officer |
|   | and Treasurer                                                                    |
|   |                                                                             |   |
|   | Date:                                                                            | February 5, 2010 |

 

 

*                                       A signed original of this writtenstatement required by Section 906 has been provided to HF Financial Corp.and will be retained by HF Financial Corp. and furnished to the Securities andExchange Commission or its staff upon request.

 

1

----
1 

### United States Environmental Protection Agency

**Dock et Index**  **for [EPA** **- R09**  **- OAR** **- 201**  **4 -**  **0 495**  **] Approval and Promulgation of Implementation Plans,**  **State of Nevada**  **, Clark** 

**County Department of Air Quality and Environmental Management**  **, New Source Review Dock** **et Index Category/ Item**  **Number Category I. State Implementation Plan Revision Submittals and**  **Related Materials**

 SIP submittal letter from NDEP dated April 1, 2014 I - A  Proposed Revision to Clark County Part o f Nevada State Implementation Plan: Revisions to Clark County Air Quality Regulations Sections 0, 12.0, 12.1, 12.2, 12.3, & 12.4, Repeal o f Sections 1, 11, & 24, and Incorporation o f Section 12.7.5, dated March 21, 2014 I - B

**Category II**  **. Federal Register Notices Relied on for Proposed Rule**  **1**

 47 FR 26386 (June 18, 1982) II - A  75 FR 45485 (August 3, 2010) II - B  75 FR 64864 (October 20, 2010) II - C  76 FR 17548 (March 30, 2011) II - D  77 FR 28424 (May

14, 2012) II - E  77 FR 43206 (July

11, 2012) II - F  77 FR 64039 (October 18, 2012) II - G  78 FR 1149 (February 7, 2013) II - H  78 FR 73698 (December 9, 2013) II - I **Category III.**  **Other Relevant Documents**

 TSD for NPRM for Clark County rule revisions, dated June 16, 2014 III - A  Clark Section 0 , dated March 18, 2014 III - B  Clark Section 1 2.0 , dated March 18, 2014 III - C

1 All notices dated after 1994 are available at: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR All other Federal Register notices listed are provided in the electronic docket.2

 Clark Section 12.1 , dated March 18, 2014 III - D  Clark Section 12.2, dated March 18, 2014 III - E  Clark Section 12.3, dated March 18, 2014 III - F  Clark Section 12.4, dated March 18, 2014 III - G  Clark Section 12.7, dated x III - H  Clark Section 1, (Repealed 3/18/14) III - I  Clark Section 11, (Repealed 4/5/11) III - J  Clark Section 24, (Repealed 3/16/10) III - K **I V.**  **EPA Rulemaking Documents**

 Federal Register Notice of Proposed Rulemaking , IV - A  Federal Register Notice of Interim Final Determination IV - B 
Exhibit
        23.01
 
 CONSENT
        OF INDEPENDENT
 REGISTERED
        PUBLIC ACCOUNTING FIRM
 
 
 We
        have
        issued our report dated March 30, 2005 (except for Note 1A, as to which the
        date
        is December 19, 2005), accompanying the consolidated financial statements
        included in the Annual Report of SAN Holdings, Inc. on Form 10-K/A for the
        year
        ended December 31, 2004. We hereby consent to the incorporation by reference
        of
        said report in the Registration Statement of SAN Holdings, Inc. on Form S-8
        (File No 333-81910).
  */s/GRANT
                THORNTON, LLP*Denver,
                  Colorado
                December
                  19, 2005
**Exhibit 31.1**

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

 

I, Richard E. Lundin, as Chief Executive Officer of Da-Lite Screen Company, Inc., certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of Da-Lite Screen Company, Inc.;

 

2. Based on my knowledge, this report does not contain any untrue statement ofa 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 report; 

 

3. Based on my knowledge, the financial statements, and other financial information includedin this 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 report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat 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 report is being prepared; 

 

(b) Evaluated the effectiveness of the registrant’s disclosure controlsand 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 report based on such evaluation; and 

 

(c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’sboard of directors: 

 

(a) All significant deficiencies andmaterial weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: August 2, 2005
<PAGE>   1
                                                                      EXHIBIT 11



                         SHOLODGE, INC AND SUBSIDIARIES
                    COMPUTATION OF EARNINGS PER COMMON SHARE
                       PRIMARY AND ASSUMING FULL DILUTION



<TABLE>
<CAPTION>
                                                              12 WEEKS ENDED              28 WEEKS ENDED
                                                       --------------------------------------------------------
                                                         JULY 13,      JULY 14,      JULY 13,       JULY 14,
                                                           1997          1996          1997           1996
                                                       --------------------------------------------------------
<S>                                                    <C>            <C>            <C>            <C>
PRIMARY:

  NET EARNINGS APPLICABLE TO COMMON STOCK (PRIMARY)      3,433,832      3,039,482    $ 6,068,948    $ 5,033,923
                                                       ========================================================

  SHARES:
     WEIGHTED AVERAGE COMMON AND COMMON
      EQUIVALENT SHARES OUTSTANDING                      8,448,923      8,494,133      8,452,986      8,443,028
                                                       ========================================================

  PRIMARY EARNINGS PER SHARE                           $      0.41    $      0.36    $      0.72    $      0.60
                                                       ========================================================

FULLY DILUTED:

  NET EARNINGS APPLICABLE TO COMMON STOCK (PRIMARY)    $ 3,433,832    $ 3,039,482    $ 6,068,948    $ 5,033,923

  INTEREST (LESS TAX) ON CONVERTIBLE
    SUBORDINATED DEBENTURES                            $   654,231    $   588,396    $ 1,453,701    $ 1,372,925

                                                       --------------------------------------------------------
  ADJUSTED EARNINGS APPLICABLE TO COMMON STOCK         $ 4,088,063    $ 3,627,878    $ 7,522,649    $ 6,406,848
                                                       ========================================================

  SHARES:
     WEIGHTED AVERAGE COMMON AND COMMON
      EQUIVALENT SHARES OUTSTANDING                      8,448,923      8,494,133      8,452,986      8,443,028

     SHARES ISSUABLE UPON CONVERSION OFCONVERTIBLE
       SUBORDINATED DEBENTURES                           2,316,602      2,316,602      2,316,602      2,316,602
                                                       --------------------------------------------------------
                                                        10,765,525     10,810,735     10,769,588     10,759,630
                                                       ========================================================

   FULLY DILUTED EARNINGS PER SHARE                    $      0.38    $      0.34    $      0.70    $      0.60
                                                       ========================================================
</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This shedule contains summary financial information extracted from Consolidated
unaudited Financial Statements contained in Form 10QSB and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<S>                                           <C>
<PERIOD-TYPE>                                       9-MOS
<FISCAL-YEAR-END>                             DEC-31-1999
<PERIOD-START>                                 JAN-1-1999
<PERIOD-END>                                  SEP-30-1999
<CASH>                                              1,067
<SECURITIES>                                            0
<RECEIVABLES>                                      17,018
<ALLOWANCES>                                            0
<INVENTORY>                                       217,411
<CURRENT-ASSETS>                                  246,739
<PP&E>                                             25,721
<DEPRECIATION>                                     (9,929)
<TOTAL-ASSETS>                                    262,095
<CURRENT-LIABILITIES>                             604,893
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                            2,806
<OTHER-SE>                                       (355,588)
<TOTAL-LIABILITY-AND-EQUITY>                      262,095
<SALES>                                         3,060,171
<TOTAL-REVENUES>                                3,060,171
<CGS>                                           2,295,026
<TOTAL-COSTS>                                   3,048,979
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                      0
<INCOME-PRETAX>                                    11,192
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                                11,192
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                       11,192
<EPS-BASIC>                                           0
<EPS-DILUTED>                                           0



</TABLE>
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 55 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
H. J. RES. 55

  To consent to the amendments to the Hawaiian Homes Commission Act, 
       1920, made by Act 080 of the Session Laws of Hawaii, 2017.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2021

Mr. Kahele (for himself, Mr. Young, Mr. Case, Ms. Davids of Kansas, Mr. 
Cole, Ms. Leger Fernandez, Mr. LaMalfa, Mr. Joyce of Ohio, Mr. Pallone, 
    Mrs. Radewagen, Mr. Sablan, and Mr. San Nicolas) submitted the 
  following joint resolution; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                            JOINT RESOLUTION

 
  To consent to the amendments to the Hawaiian Homes Commission Act, 
       1920, made by Act 080 of the Session Laws of Hawaii, 2017.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Prince Jonah Kuhio 
Kalaniana`ole Protecting Family Legacies Act''.

SEC. 2. CONSENT TO AMENDMENTS.

    As required by section 4 of the Act entitled ``An Act to provide 
for the admission of the State of Hawaii into the Union'', approved 
March 18, 1959 (73 Stat. 4), the United States consents to the 
amendments to the Hawaiian Homes Commission Act, 1920, made by Act 080 
of the Session Laws of Hawaii, 2017, as adopted by the State of Hawaii 
in the manner required for State legislation.
                                 <all>
```