alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Dismissed and Opinion Filed October 30, 2014 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05-14-00245-CV

SUSAN WILLIAMS, INDIVI DUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROBERT A. WILLIAMS, Appellant

V.

PLANO INDEPENDENT SCHOOL DISTRICT, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-1200-2013



### MEMORANDUM OPINION Before Chief Justice Wright a nd Justices Lang-Miers and Brown Opinion by Chief Justice Wright

The parties have filed an agreed motion to dismiss the appeal, asserting they have

resolved all pending claims. We gran t the motion and dismiss the appeal.

140245F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE–2– 

# S

Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

SUSAN WILLIAMS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROBERT A. WILLIAMS, Appellant

No. 05-14-00245-CV V.

PLANO INDEPENDENT SCHOOL DISTRICT, Appellee On Appeal from the 380th Judicial District Court, Collin County, Texas Trial Court Cause No. 380-1200-2013. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Brown participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Per the parties’ agreement, we ORDER that each party bear its own costs of this appeal.

Judgment entered October 30, 2014.
<PAGE>

EXHIBIT 11.1

<TABLE>
UNIFIED FINANCIAL SERVICES, INC.
EARNINGS PER SHARE CALCULATION

<CAPTION>
                                                                                           THREE MONTHS ENDED
                                                                                                MARCH 31,
                                                                                      ----------------------------
                                                                                          2001            2000
                                                                                      -----------      -----------

<S>                                                                                   <C>              <C>
INCOME AVAILABLE TO COMMON STOCKHOLDERS
     Net income (loss)............................................................    $   202,656      $(1,216,546)

CALCULATION OF COMMON STOCK
     Common shares outstanding at beginning
        of period.................................................................      2,880,028        2,869,862
     Shares issued in private placement during period.............................             --            8,600
                                                                                      -----------      -----------
        Common shares used in basic calculation...................................      2,880,028        2,878,462
                                                                                      -----------      -----------

     Common stock equivalent of options...........................................        170,502          101,406
                                                                                      -----------      -----------
        Common shares used in fully diluted calculation...........................      3,050,530        2,979,868
                                                                                      -----------      -----------

EARNINGS PER SHARE
     Basic..........................................................................  $       .07      $      (.42)
                                                                                      ===========      ===========
     Fully diluted................................................................    $       .07      $      (.41)
                                                                                      ===========      ===========
</TABLE>
#### BELL v. BREEN.

(Supreme Court, Genera) Term, Second Department.

December 2, 1895.)

Action by Sidney Bell against John Breen.

No opinion. Judgment affirmed, with costs. All concur.
EXHIBIT 23.1




                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements on
Form S-8 (Nos. 333-80065, 333-06563, 333-11451, 333-35651, 333-28929, 333-28927,
333-71913 and 333-80963) and the Registration Statements on Form S-3 (Nos.
333-16767, 333-26293, 333-61585, 333-30766 and 333-77715), respectively, of our
report dated January 28, 2000, with respect to the consolidated financial
statements and schedule of Secure Computing Corporation included in the Annual
Report (Form 10-K) for the year ended December 31, 1999.

                                          /s/ Ernst & Young LLP

Minneapolis, Minnesota
March 27, 2000
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41958-41959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16652]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB265]


New England Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The New England Fishery Management Council (Council) is 
scheduling a joint public meeting of its Whiting Joint Committee and 
Advisory Panel via webinar to consider actions affecting New England 
fisheries in the exclusive economic zone (EEZ). Recommendations from 
this group will be brought to the full Council for formal consideration 
and action, if appropriate.

DATES: This webinar will be held on Thursday, August 19, 2021 at 9.30 
a.m. Webinar registration URL information: https://attendee.gotowebinar.com/register/442658300005496844.

ADDRESSES: Council address: New England Fishery Management Council, 50 
Water Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION:

Agenda

    The Whiting Committee and Advisory Panel will receive Fishing Year 
2020 Annual Monitoring Report from the Whiting Plan Development Team. 
They will identify and discuss management priority recommendations to 
be considered at the September 2021 Council meeting. Other business 
will be discussed, if necessary.
    Although non-emergency issues not contained on the agenda may come 
before this Council for discussion, those issues may not be the subject 
of formal action during this meeting. Council action will be restricted 
to those issues

[[Page 41959]]

specifically listed in this notice and any issues arising after 
publication of this notice that require emergency action under section 
305(c) of the Magnuson-Stevens Act, provided the public has been 
notified of the Council's intent to take final action to address the 
emergency. The public also should be aware that the meeting will be 
recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is 
available upon request.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Thomas A. Nies, Executive Director, at (978) 465-
0492, at least 5 days prior to the meeting date.

(Authority: 16 U.S.C. 1801 et seq.)

    Dated: July 30, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2021-16652 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-22-P
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Exhibit
13.2





Credicorp
Ltd.


Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


(18
U.S.C. Section 1350)





Pursuant
to the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
Sections 1350(a) and (b)), the undersigned hereby certifies as
follows:





1.
            I
      am the Chief Financial and Accounting Officer of Credicorp Ltd. (the
      “Company”).





2.
            To
      my knowledge:





(A)    
The Company’s Annual Report on Form 20-F for the year ended December 31, 2008
accompanying this Certification, in the form filed with the Securities and
Exchange Commission (the “Report”), fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(B)     
The information in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.





Dated:
June 30, 2009





By:
                      /s/ ALVARO CORREAName:  Alvaro
      CorreaTitle:  Chief
      Financial and Accounting
Officer
#### Harris *v.*Amos.

Atkinson, J.

Martha Harris died leaving a will. For a number of years before her death the testatrix owned two adjacent city lots, both rectangular in shape, each fronting thirty-five feet on Third Avenue and extending back in uniform width about one hundred and eighty feet to an alley. For about ten years immediately before the death of the testatrix a fence separated the two lots along the entire dividing line. On one of the lots was a residence in which the testatrix- resided. The other was cultivated as a garden. The will contained four items, as follows:

“Item 1. I bequeath to my beloved father, Washington Amos, the hous.e and lot where I.reside, known as 510 Third Avenue, for and during his natural life, with all income therefrom; and after his death, should Washington Amos’s wife, Jane Amos, be in life, she is to take for the remainder of her life under the same conditions as set out above; and upon the death of both, same to revert to my estate and to be divided under the laws of distribution.

“Item 2. I desire and direct the executor of my will to cut off from the rear of the lot upon which my house is located, and also from the lot adjacent, a lot of thirty feet wide, fronting on an alley, and running the width of both lots, and deed same to my husband Jim Harris.

“Item 3. I bequeath to my husband, Jim Harris, all of my personal and household effects, with the exception of my sewing-machine and trunk. I desire my sewing-machine to be given to my niece, Martha Stanfield, and the trunk to my niece, Susan Stanfield.

*48January 16, 1915.

Equitable petition. Before Judge Mathews. Bibb superior court. December *2,*1913.

*L. D. Moore,*for plaintiff.

“Item 4. I hereby appoint my father, Washington Amos, as executor of this my will, without bond, and he is expressly relieved from making any returns to the court.” When the testatrix died she left surviving the husband named in the will,'but no children or other heirs, and no debts. The will was duly probated by the executor. *Held:*

1. Properly construed, there was an intestacy as to so much of the lot adjacent to the one on which the testatrix resided as was not included in the bequest to the husband under the second item of the will.

2. In an action against the executor by the husband, claiming, as legatee, so much of the land as was bequeathed to him under item two of the will, and, as sole heir at law, so much of the lot adjacent to that on which testatrix resided as was not disposed of by the will, when the uncontradicted evidence was as stated above, the plaintiff was entitled to a verdict for all of the lands for which he sued, and it was erroneous to direct a verdict finding for him only the land bequeathed by the second item of the will, and for the defendant a life-estate in all the rest of the land.

*Judgment reversed.*

*All the Justices concur, except Fish, O. J., absent.*
#### Yuriy Wowk, Appellant, v Broadway 280 Park Fee, LLC, Defendant, and Istithmar Building 280 Park, LLC, Respondent. (And a Third-Party Action.)

[944 NYS2d 23]

*670Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered April 12, 2011, which, to the extent appealed from, granted defendant Istithmar Building 280 Park, LLC’s motion for summary judgment dismissing the complaint as against it, unanimously modified, on the law, to deny the motion as to the Labor Law § 240 (1) and § 200 and common-law negligence claims, and to deem the complaint amended to assert a claim under Labor Law § 202, and otherwise affirmed, without costs.

Plaintiff, a professional window washer, was injured while carrying water up to the scaffold upon which he worked, when he fell down the fixed exterior staircase that provided the sole means of access to the scaffold.

Exterior window washing is a protected activity under Labor Law § 240 (1) *(see Broggy v Rockefeller Group, Inc.,*8 NY3d 675, 681 [2007]). Moreover, plaintiff’s act of carrying water for washing the windows was an integral part of cleaning the windows *(see Caraciolo v 800 Second Ave. Condominium,*294 AD2d 200, 201-202 [2002]).

Defendant accurately points out that plaintiff stated for the first time on appeal that his first cause of action, which was undenominated, was brought under Labor Law § 202. Plaintiff identified the specific provision of the Industrial Code (12 NYCRR) that defendant allegedly violated, a prerequisite for a Labor Law § 202 claim, for the first time in opposition to defendant’s motion. However, in view of the rule that leave to amend “shall be freely given” (CPLR 3025 [b]) and that defendant has shown no prejudice attributable to plaintiffs omissions, we find that plaintiff should be permitted to proceed with his Labor Law § 202 claim. His activity manifestly is covered by the statute. We also find that the reference in 12 NYCRR 23-1.7 (d) to “passageway[s]” can encompass a permanent staircase, when that staircase is the sole access to the work site *(see Ryan v Morse Diesel,*98 AD2d 615, 616 [1983]).

In opposition to defendant’s motion as to the Labor Law § 200 and common-law negligence claims, plaintiff raised an issue of fact whether defendant had constructive notice of a dangerous condition on the work site, based on a recurring condition *(see e.g. Martinez v White Cottage Enters., 2*AD3d 506 [2003]; *Padula v Big V Supermarkets,*173 AD2d 1094, 1096 [1991]; *Sutton v Bruno’s Vil. Inc.,*2005 NY Misc LEXIS 3439, *19-21 [2005]). He testified that the treads on the staircase were wet when he was *671ascending and descending them, that the wetness was caused by condensate from the nearby air conditioning units and their water tanks, and that there was moisture on the same part of the staircase every morning in August and September until 10:00 or 11:00 a.m., when it burned off.

Labor Law § 241 (6) does not apply to routine exterior window washing *(see Agli v Turner Constr. Co.,*246 AD2d 16, 24 [1998]). Concur — Andrias, J.E, Saxe, Catterson, Renwick and Roman, JJ. [Prior Case History: 2011 NY Slip Op 30827(U).]
#### TALLMAN, Appellant, v. E. F. GOODRICH CO. OF NEW YORK, Respondent.

(Supreme Court, Appellate Division, Second Department.

October 18, 1907.)

Action by Charles A. Tallman against the E. F. Goodrich Company of New York.

No opinion. Judgment and order affirmed by default, with costs.
#### The People of the State of New York, Respondent, v Terrence Brown, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County (Eiber, J.), rendered June 1, 1983, convicting him of criminal sale of a controlled substance in the fifth degree, upon a plea of guilty, and imposing sentence. The appeal brings up for review the denial of defendant’s motion to withdraw his guilty plea.

Judgment affirmed.

We have reviewed the record and agree with defendant’s assigned counsel that there are no meritorious issues that could be raised on this appeal. Counsel’s application to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf. People v Gonzalez,*47 NY2d 606). Mangano, J. P., Gibbons, Bracken and Kunzeman, JJ., concur.
# Official Journal C 317/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.317.eng |
| --- | --- |
| Official Journal
  of the European Union | C 317 |
| | |
| English edition | Information and Notices | Volume 5520 October 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.317.eng

Official Journal

of the European Union

C 317

English edition

Information and Notices

Volume 5520 October 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 317/01 | Non-opposition to a notified concentration (Case COMP/M.6702 — Carlyle/BC Partners/Hamilton Sundstrand Industrial) (1) | 1 |
| 2012/C 317/02 | Non-opposition to a notified concentration (Case COMP/M.6577 — Avnet/Magirus) (1) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 317/01

Non-opposition to a notified concentration (Case COMP/M.6702 — Carlyle/BC Partners/Hamilton Sundstrand Industrial) (1)

1

2012/C 317/02

Non-opposition to a notified concentration (Case COMP/M.6577 — Avnet/Magirus) (1)

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 317/03 | Euro exchange rates | 2 |
| 2012/C 317/04 | Commission Decision of 23 March 2012 on the conclusion, on behalf of the European Union, of the Monetary Agreement between the European Union and the Republic of San Marino | 3 |
| | NOTICES FROM MEMBER STATES |
| 2012/C 317/05 | List of registered and certified credit rating agencies | 18 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 317/03

Euro exchange rates

2

2012/C 317/04

Commission Decision of 23 March 2012 on the conclusion, on behalf of the European Union, of the Monetary Agreement between the European Union and the Republic of San Marino

3

NOTICES FROM MEMBER STATES

2012/C 317/05

List of registered and certified credit rating agencies

18

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 317/06 | Prior notification of a concentration (Case COMP/M.6717 — Whirlpool/ALNO) (1) | 21 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 317/06

Prior notification of a concentration (Case COMP/M.6717 — Whirlpool/ALNO) (1)

21

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
Case: 1:03-cv-06472 Document #: 76 Filed: 07/18/05 Page 1 of 1 PageID #:473
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                  1,000
<CURRENCY>                    U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           4,652
<SECURITIES>                                         0
<RECEIVABLES>                                    2,055
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         807,091
<DEPRECIATION>                                  44,432
<TOTAL-ASSETS>                                 774,254
<CURRENT-LIABILITIES>                                0
<BONDS>                                        435,917
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     312,375
<TOTAL-LIABILITY-AND-EQUITY>                   774,254
<SALES>                                              0
<TOTAL-REVENUES>                                29,007
<CGS>                                                0
<TOTAL-COSTS>                                    9,674
<OTHER-EXPENSES>                                 7,504
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,389
<INCOME-PRETAX>                                  4,440
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              4,440
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<EXTRAORDINARY>                                (1,500)
<CHANGES>                                            0
<NET-INCOME>                                     2,940
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                      .12
                                                              

</TABLE>