alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ætna Life Insurance Company et al. v. James R. Paul.

*Libel—Evidence of Character—Improper Admission of—Exceptions— Waiver.*

1. In an action to recover damages for an alleged libel, it is improper to permit the plaintiff, in the first instance and before any other testimony is given, to introduce witnesses to testify to his general character.

2. The defendant does not waive his exceptions to such evidence by cross-examining the plaintiff’s witnesses.

[Opinion filed August 3, 1887.]

Appeal from the Superior Court of Oook County; the Hon. Jomr P. Altgeld,- Judge, presiding.

*612Messrs. O. H. & G. B. Wood and Thomas Dent3 for appellants.

Mr. E. A. Sherburne, for appellee.

McAllister, P. J.

This was an action on the case by appellee as plaintiff, against appellants as defendants, to recover damages sustained by the former by reason of the making and publishing by the latter of an alleged libel calculated to injure the reputation of the plaintiff for honesty and integrity. Issues formed upon the plea of general issue and pleas of justification were tried, resulting in a verdict of guilty and assessing plaintiff’s damages at §4,810, upon which the court, overruling the defendants’ motion for a new trial, gave judgment, and they bring this appeal.

The court upon the trial permitted the plaintiff, against the objection of the defendants, to introduce, in the first instance and before any other testimony was given, several witnesses to testify that the plaintiff’s general character for honesty and integrity was good. That this was error is clearly shown by the authorities cited by appellants’ counsel.

Appellee’s counsel suggested on the argument that the defendants’ counsel waived the exceptions they had taken to the admission of that evidence by cross-examining the several witnesses. He cites no authority in support of that proposition, and we think it untenable. Anglo-Am. P. *&*Provision Co. v. Baier, 20 Ill. App. 376, and cases there cited.

The point has been made and argued by appellants’ counsel that the court erred in permitting the plaintiff below to read in evidence the defendants’ sixth special plea. We think the bill of exceptions is too vague and uncertain in that respect to fairly present the question; therefore, it would be improper for us to discuss and pass upon it. After introducing the several witnesses to plaintiff’s good character, he offered himself as a witness in his own behalf and testified to material matters.

The admission of such evidence in support of his character before it had been attacked, and then offering himself as a *613witness, so particularly commended for honesty and integrity beforehand, as was done, make the error in admitting the incompetent evidence a,s to character peculiarly prejudicial to the defendants. The judgment will be reversed and the case remanded.

*Reversed and*remanded.
I 

109TH CONGRESS 

2D SESSION H. R. 5628 

To provide for an initial period of admission of 36 months for aliens employed 

as dairy workers. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2006 

Mr. PEARCE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To provide for an initial period of admission of 36 months 

for aliens employed as dairy workers. 

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

3 SECTION 1. PERIOD OF ADMISSION FOR ALIENS EMPLOYED 

4 AS DAIRY WORKERS. 

5 An alien admitted under section 101(a)(15)(H)(ii)(a) 

6 of the Immigration and Nationality Act (8 U.S.C. 

7 1101(a)(15)(H)(ii)(a)) for employment as a dairy worker 

8 may be admitted for an initial period of 36 months. 

Æ 


dsatterwhite on PROD1PC76 with BILLS
exv10w28







Exhibit 10.28




NVR, Inc.

Summary of the 2010 Named Executive Officer Annual Incentive Compensation Plan




     The following is a description of NVR, Inc.’s (“NVR” or the “Company”) 2010 annual incentive
compensation plan (the “Bonus Plan”). The Bonus Plan is not set forth in a formal written
document, and therefore NVR is providing this description of the plan pursuant to Item
601(b)(10)(iii) of Regulation S-K. All of NVR’s named executive officers; Paul C. Saville
(President and Chief Executive Officer of NVR), William J. Inman (President of NVR Mortgage
Finance, Inc.), Dennis M. Seremet (Senior Vice President, Chief Financial Officer and Treasurer of
NVR) and Robert W. Henley (Vice President and Controller of NVR) participate in the Bonus Plan.



     Under the Bonus Plan, the named executive officers can earn up to 100% of their base salary as
a bonus award. The named executive officers’ annual bonus opportunity will be based 80% upon our
consolidated pre-tax profit (before consolidated annual bonus and stock-based compensation expense
but after all other charges) and 20% based on the number of new orders (net of cancellations) that
we generate compared to the consolidated pre-tax profit and new orders within our 2010 annual
business plan. The named executive officers begin to earn the consolidated pre-tax profit portion
of their annual bonus award once the annual business plan is at least 80% attained. The full
amount of the consolidated pre-tax profit portion of their annual bonus award is earned ratably
from 80% up to 100% achievement of the annual business plan. The named executive officers begin to
earn the new orders unit portion of their annual bonus award once the annual business plan is at
least 85% attained. The full amount of the new orders unit portion of their annual bonus award is
earned ratably from 85% up to 100% achievement of the annual business plan.
**EXHIBIT 32.1**

 

**FORM 10-QSB**

 

**Section 1350 Certification**

 

# **Quarter endedJune 30, 2005**

 

I, James B. Druck, ChiefExecutive Officer of Southwest Casino Corporation (the “Company”) certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section1350, that to the best of my knowledge:

 

(1)                                  The Quarterly Reporton Form 10-QSB of the Company for the second quarter ended June 30, 2005 (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) of theSecurities and Exchange Act of 1934 (15. U.S.C. 78m or 78o(d)); and

 

(2)                                  The information inthe Report fairly presents, in all material respects, the financial conditionand results of operation of the Company.

 
| Dated:  August 15, 2005 |                     |
|-------------------------|--------------------------|
|                    | /s/ James B.  Druck      |   |
|                    | James B.  Druck          |
|                    | Chief Executive  Officer |

 

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7823

JAMES A.G. BUNCH, JR.,

Plaintiff - Appellant,

versus

THEODIS BECK, Secretary; BOYD BENNETT,

Director; RANDALL LEE; ROBERT SMITH; ERNEST

SUTTON; UNKNOWN SUPERINTENDENT, Central

Prison; UNKNOWN SUPERINTENDENT, Nash

Correctional Institution; UNKNOWN

SUPERINTENDENT, Pender Correctional

Institution; UNKNOWN SUPERINTENDENT, Wayne

Correctional Institution; UNKNOWN

SUPERINTENDENT, Marion Correctional

Institution; LAWRENCE SOLOMON,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Terrence W. Boyle, Chief

District Judge. (CA-03-741-5-BO)

Submitted: July 21, 2004 Decided: August 4, 2004

Before LUTTIG, WILLIAMS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James A.G. Bunch, Jr., Appellant Pro Se.
- 2 -

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 3 -

PER CURIAM:

James A.G. Bunch, Jr., appeals the district court’s order

denying relief on his 42 U.S.C. § 1983 (2000) complaint under 28

U.S.C. § 1915 (2000). We have reviewed the record and find that

this appeal is frivolous. Accordingly, we dismiss the appeal on

the reasoning of the district court. See Bunch v. Beck, No. CA-03-

741-5-BO (E.D.N.C. Oct. 8, 2003). 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.

DISMISSED
I 

109TH CONGRESS 

2D SESSION H. R. 5591 

To name the national cemetery being constructed in Dixon, California, as 

the ‘‘Solano National Cemetery’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2006 

Mrs. TAUSCHER (for herself and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To name the national cemetery being constructed in Dixon, 

California, as the ‘‘Solano National Cemetery’’. 

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

3 SECTION 1. NAME OF NATIONAL CEMETERY, DIXON, CALI4 FORNIA. 

5 The national cemetery being constructed by the Sec6 retary of Veterans Affairs in Dixon, California, shall after 

7 the date of the enactment of this Act be known and des8 ignated as the ‘‘Solano National Cemetery’’. Any reference 

9 to such cemetery in any law, regulation, map, document, 


bajohnson on PROD1PC61 with BILLS
2 

•HR 5591 IH

1 record, or other paper of the United States shall be consid2 ered to be a reference to the Solano National Cemetery. 

Æ 


bajohnson on PROD1PC61 with BILLS
Willie NUTALL, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS, Respondent.

WD 81241

Missouri Court of Appeals, Western District.

ORDER FILED: August 7, 2018

Willie Nutall, Bonne Terre, MO, Appellant Acting pro se.

Patrick Logan, Jefferson City, MO, Counsel for Respondent.

Before Division One: Thomas H. Newton, P.J., Alok Ahuja, and Gary D. Witt, JJ.

**ORDER**

Per Curiam:

Mr. Willie J. Nutall appeals a Cole County Circuit Court judgment dismissing his *pro se* petition for declaratory judgment. We affirm. Rule 84.16(b).
cc: Hon. Kenneth Cory, District Judge Robert Qualey, District Judge, Pro Tern Fred Duewel Michelle Kathleen Krohn Richard Martinez, Jr. Eighth District Court Clerk

SUPREME COURT

OF NEVADA 2
(0) 1947A 

### e
**CERTIFICATION**

 

 

Pursuant to 18 U.S.C. § 1350, the undersigned officers of East KansasAgri-Energy, LLC (the “Company”) hereby certify that the Company’s QuarterlyReport on Form 10-QSB for the quarter ended March 31, 2003 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 

Dated: May 14, 2003

/s/ WilliamR. Pracht

William R. Pracht

President

 

Dated: May 14, 2003

/s/ Jill A. Zimmerman

Jill A. Zimmerman

Treasurer

 

 

The foregoing certification is being furnished solely pursuant to 18U.S.C. §1350 and is not being filed as part of the Report or as a separatedisclosure document.
IV 

118TH CONGRESS 

1ST SESSION H. RES. 252 

Condemning the violent ‘‘Stop Cop City’’ movement in Atlanta, Georgia. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2023 

Mr. CARTER of Georgia (for himself, Mr. CLYDE, Mr. FERGUSON, Mr. AUSTIN

SCOTT of Georgia, Mr. MCCORMICK, Mr. LOUDERMILK, and Mr. ALLEN) 

submitted the following resolution; which was referred to the Committee 

on the Judiciary 

RESOLUTION 

Condemning the violent ‘‘Stop Cop City’’ movement in 

Atlanta, Georgia. 

Whereas the violence occurred at the construction site of the 

Atlanta Public Safety Training Center, also known as 

‘‘Cop City’’; 

Whereas violent protesters and rioters in the ‘‘Stop Cop City’’ 

movement from across the Nation and the globe have 

been objecting to the construction of the Training Center 

by destroying property and coordinating attacks; 

Whereas, on March 5, 2023, this group clashed with the Atlanta Police Department, and 23 people were arrested on 

domestic terrorism charges for attacking officers and destroying equipment; 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HRES 252 IH 

Whereas only 2 of those arrested were from the State of 

Georgia and would have a relevant voice on policing 

issues in Atlanta and the State; 

Whereas destruction of property and vandalism, including the 

use of Molotov cocktails and fireworks, further damages 

the local ecology despite the protesters’ claims of opposing ‘‘ecological destruction’’; 

Whereas such violence perpetuates the trend of violent attacks against law enforcement and public officials; 

Whereas sentiments of the ‘‘Defund Police’’ movement have 

contributed to increased violence against law enforcement 

over the last few years; 

Whereas major urban cities saw a 42 percent increase in 

homicides and a 34 percent increase in aggravated assaults in 2022 as compared to 2019; 

Whereas, in 2021, law enforcement agencies across the Nation were short 7 percent of filling budgeted positions, 

and retirements were up 45 percent; 

Whereas the Training Center would positively contribute to 

proper training of police officers; and 

Whereas the Training Center is necessary for morale and recruitment efforts and will include important trainings, 

such as deescalation, crisis intervention, civil rights history education, mental health, and more: Now, therefore, 

be it 

1 Resolved, That— 

2 (1) the House of Representatives condemns the 

3 recent violence near Atlanta, Georgia; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HRES 252 IH 

1 (2) it is the sense of the House of Representa2 tives that law enforcement must be supported to 

3 carry out their jobs and protect American lives. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
SCHROEDER v. DEKALB COUNTY et al.

A17A0551

Court of Appeals of Georgia.

May 8, 2019

David Charles Ates, Atlanta, for Appellant.

Laura Karen Johnson, Terry Gerard Phillips, Shaheem Malik Williams, for Appellee.

McFadden, Presiding Judge.

*82In *Withers v. Schroeder* , 304 Ga. 394, 819 S.E.2d 49 (2018), the Supreme Court of Georgia reversed in part our previous decision in *Schroeder v. DeKalb County* , 341 Ga. App. 748, 802 S.E.2d 277 (2017). The Court ruled that defendants Chief Judge Nelly Withers of the former DeKalb County Recorder's Court and Troy Thompson, who was the court administrator of that court, were entitled to judicial immunity and quasi-judicial immunity in Bobby Schroeder's lawsuit against them and others, and that the lawsuit could not move forward against Withers and Thompson in their individual capacities. *Withers* , 304 Ga. at 394, 819 S.E.2d 49.

The Supreme Court did not address our holdings that the trial court properly dismissed Schroeder's state law claims against the county and the defendants in their official capacities because his ante litem notice was untimely, 341 Ga. app. at 750-751 (2), 802 S.E.2d 277 ; that the trial court erred by dismissing his state law claims against the John Doe defendants in their individual capacities, 341 Ga. App. at 751-752 (3), 802 S.E.2d 277 ; see also *Withers* , 304 Ga. at 400 n. 9, 819 S.E.2d 49 ; that Schroeder abandoned any *83claim of error pertaining to the trial court's dismissal of any 42 USC § 1983 claims against the John Doe defendants, 341 Ga. App. at 754 (5) (a), 802 S.E.2d 277 ; and that the trial court erred by dismissing his 42 USC § 1983 claim against the county. 341 Ga. App. at 754-755 (4) (b), 802 S.E.2d 277. Because those holdings are consistent with the Supreme Court's opinion, they become binding upon the return of the remittitur. *Shadix v. Carroll County* , 274 Ga. 560, 563 (1), (554 S.E.2d 465) (2001).

Accordingly, we adopt the judgment of the Supreme Court of Georgia as our own, affirm the trial court's grant of the motion for judgment on the pleadings to Withers and Thompson in their individual capacities, and remand the case for further proceedings consistent with the opinion of our Supreme Court.

*Judgment affirmed in part and reversed in part.*

Gobeil and Coomer, JJ., concur.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          22,608
<INT-BEARING-DEPOSITS>                             220
<FED-FUNDS-SOLD>                                84,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     96,956
<INVESTMENTS-CARRYING>                         509,663
<INVESTMENTS-MARKET>                           498,573
<LOANS>                                      2,474,717
<ALLOWANCE>                                     29,013
<TOTAL-ASSETS>                               3,300,262
<DEPOSITS>                                   1,763,967
<SHORT-TERM>                                   985,120
<LIABILITIES-OTHER>                             90,696
<LONG-TERM>                                    260,417
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            75
<OTHER-SE>                                     199,987
<TOTAL-LIABILITIES-AND-EQUITY>               3,300,262
<INTEREST-LOAN>                                192,443
<INTEREST-INVEST>                               49,312
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                               241,755
<INTEREST-DEPOSIT>                             100,225
<INTEREST-EXPENSE>                             160,773
<INTEREST-INCOME-NET>                           80,982
<LOAN-LOSSES>                                    1,898
<SECURITIES-GAINS>                               (800)
<EXPENSE-OTHER>                                 68,402
<INCOME-PRETAX>                                 19,246
<INCOME-PRE-EXTRAORDINARY>                      19,246
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,969
<EPS-PRIMARY>                                     1.58
<EPS-DILUTED>                                     1.58
<YIELD-ACTUAL>                                    2.57
<LOANS-NON>                                     16,125
<LOANS-PAST>                                        18
<LOANS-TROUBLED>                                   509
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                30,014
<CHARGE-OFFS>                                    6,401
<RECOVERIES>                                       642
<ALLOWANCE-CLOSE>                               29,013
<ALLOWANCE-DOMESTIC>                            29,013
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11764-11765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5923]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,444]


Graphic Visual Solution Inc., Greensboro, NC; Notice of 
Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 2, 2009 in response to a 
petition filed by a company official on behalf of workers of Graphic 
Visual Solution Inc., Greensboro, North Carolina.
    This petition is a photocopy of petition TA-W-65,455 that is the 
subject of an ongoing investigation for which a determination has not 
yet been issued.
    Further investigation in this case would serve no purpose and this 
petition is terminated.


[[Page 11765]]


    Signed at Washington, DC this 10th day of March, 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-5923 Filed 3-18-09; 8:45 am]
BILLING CODE 4510-FN-P
##### 



EXHIBIT 32.2 CERTIFICATION OF
CURTIS W. MEWBOURNE / CHIEF EXECUTIVE OFFICER
OF MEWBOURNE DEVELOPMENT CORPORATION
PURSUANT TO 18 U.S.C. § 1350 I, J. Roe Buckley, Chief Financial Officer of Mewbourne Development
Corporation, Managing General Partner of Mewbourne Energy Partners 03-A, L.P.
(the Registrant), hereby certify that the accompanying report on Form 10-Q,
for the quarterly period ended September 30, 2004 and filed with the Securities
and Exchange Commission on the date hereof pursuant to Section 13(a) of the
Securities Exchange Act of 1934 (the Report) by the Registrant fully complies
with the requirements of that section. I further certify that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Registrant. /s/ J. Roe BuckleyName: J. Roe BuckleyDate: November 11, 2004
 19
Exhibit 32.2



                            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 Electric Aquagenics Unlimited, Inc.
(the "Company") on Form 10-QSB for the period ended June 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, H.
Warren Jaynes, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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.


DATE:  August 11, 2006                                /s/ H. Warren Jaynes
                                                     ---------------------------
                                                     H. Warren Jaynes Chief
                                                     Financial Officer Electric
                                                     Aquagenics Unlimited, Inc.
|EXHIBIT 32.1
|------------



|CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002
|---------------------------------------------------------------------------------------------------------------------

The undersigned hereby certifies in his capacity as Chief Executive Officer ofBelroseCapital Fund LLC (the Fund), that based on his knowledge:

|(a) |  | theQuarterlyReport of the Fund on Form10-Qfor thequarterendedMarch 31, 2008(the Report) fully complies            
|--- |  | ------------------------------------------------------------------------------------------------------------------
|    |  | with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and                    
|(b) |  | the information contained in the Report fairly presents, in all material respects, the financial condition and the
|    |  | results of operations of the Fund for such period.                                                                



|Date:May 9, 2008
|----------------

/s/Thomas E. Faust Jr.Thomas E. Faust Jr.Chief Executive Officer


A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 15.2    July 9, 2010  To:
  
  FUNTALK CHINA HOLDINGS
  LIMITED
  21/F, Block D The Place
  Tower
  No.9 Guanghua Road, Chaoyang DistrictBeijing, China
  100020  Ladies and Gentlemen:  We hereby consent to (i) the
filing of this consent as an exhibit to the Annual Report on Form 20-F
(the Annual Report), and (ii) the reference to our firm and the
discussions related thereto in certain sections of the Annual Report.   Very truly yours,   /s/COZEN OCONNOR