alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(105 So. 707)

#### Ex parte GRACE. GRACE v. OLD DOMINION GARMENT CO.

(6 Div. 529.)

(Supreme Court of Alabama.

Oct. 15, 1925.)

I. Appeal and error <8^528(1) — Motion for new trial and judgment thereon, if found in record proper, not required to be set out in bill of exceptions.

In bringing up for review ruling of lower court overruling a motion for new trial, it is not required that motion and judgment thereon, if found in record proper, be set out in bill of exceptions, but it must contain a sufficient recital to show making of such motion, ruling thereon, and an exception thereto, in view of Code 1923, § 6088.

2. Appeal and error <8^528 (1) — Overruling motiom for new trial held not presented for review.

Action of trial court in overruling motion for new trial *held*not presented for review, where bill of exceptions made no mention of motion for new trial, any ruling thereon, or exception thereto.

<@s»For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Certiorari to Court of Appeals.

Petition of M. B. Grace for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the ease of Grace v. Old Dominion Garment Co., 105 So. 707.

Writ denied.

Matthews *&*Morrow, of Birmingham, for appellant.

It was not necessary that the motion for new trial be set out in the bill of exceptions. Acts 1925, p. 598; Powell v. Eolmar, 201 Ala. 271, 78 So. 47; Newman v. Morgan, 202 Ala. 606, 81 So. 548; Nat. Surety Co. v. O-’Connell, 202 Ala. 684, 81 So. 660.

Cabaniss, Johnston, Cocke & Cabaniss, of Birmingham, for appellee.

Brief of counsel did not reach the Reporter.

BOULDIN, J.

[1] In bringing up for review the ruling of the lower court overruling a motion for new trial, it is not required that the motion and judgment thereon, if found in the record proper, be set out in the bill of exceptions, but the bill of exceptions must contain a sufficient recital to show the making of such motion, the ruling thereon, and an exception thereto. Code 1923, § 6088; Powell v. Folmar, 201 Ala. 271, 78 So. 47; Pacific Fire Ins. Co. v. Burnett, 212 Ála. 287, 102 So. 214; Stover v. State, 204 Ala. 311, 85 So. 393; Grand Bay Land Co. v. Simpson, 202 Ala. 606, 81 So. 548.

In so far as the opinion of the Court of Appeals holds that the motion and judgment thereon, which appear in the record proper, must appear in the bill of exceptions, it is out of harmony with the established rule. There is a misleading dictum to like effect in Birmingham Waterworks Co. v. Justice, 204 Ala. 547, 86 So. 389.

[2] The bill of exceptions in the present case makes no mention of a motion for new trial,' any ruling thereon, or exception, thereto. It follows that the result of the decision of the Court of Appeals is correct.

Writ denied.

SOMERVILLE, THOMAS, and MILLER, JJ., concur.
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I 

116TH CONGRESS 

1ST SESSION H. R. 1836 

To amend the Natural Gas Act to expedite approval of exports of small 

volumes of natural gas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2019 

Mr. YOHO (for himself and Mr. WALTZ) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Natural Gas Act to expedite approval of 

exports of small volumes of natural gas, and for other 

purposes. 

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 ‘‘Small Scale LNG Ac5 cess Act of 2019’’. 

6 SEC. 2. EXPEDITED APPROVAL OF EXPORT OF CERTAIN 

7 VOLUMES OF NATURAL GAS. 

8 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

9 is amended by striking subsection (c) and inserting the 

10 following: 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1836 IH

1 ‘‘(c) EXPEDITED APPLICATION AND APPROVAL

2 PROCESS.— 

3 ‘‘(1) IN GENERAL.—For purposes of subsection 

4 (a), the following shall be deemed to be consistent 

5 with the public interest, and applications for such 

6 importation or exportation shall be granted without 

7 modification or delay: 

8 ‘‘(A) The importation of the natural gas 

9 referred to in subsection (b). 

10 ‘‘(B) The exportation of natural gas in a 

11 volume up to and including 51,750,000,000 

12 cubic feet per year. 

13 ‘‘(C) The exportation of natural gas to a 

14 nation with which there is in effect a free trade 

15 agreement requiring national treatment for 

16 trade in natural gas. 

17 ‘‘(2) EXCLUSION.—Subparagraphs (B) and (C) 

18 of paragraph (1) shall not apply to any nation sub19 ject to sanctions imposed by the United States.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
January 12,2006: 1:--

Via E-Mail

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21* Street, N.W.

Washington, D.C. 20581

Re: Rule Certification. NYMEX Submission 06.08 — Notification of
Amendments to NYMEX Division Rule 11.63, Electronic Trading
Error Trade Procedures.

Dear Ms. Jean Webb:

The New York Mercantile Exchange, Inc. (“NYMEX” or the “Exchange”) hereby notifies
the Commodity Futures Trading Commission (“CFTC”) of amendments to NY MEX Division
Rule 11.63, Electronic Trading Error Trade Procedures.

Effective with the January 16, 2006 trading session for trade date January 17, 2006, on
NYMEX ClearPort® Trading, the amendments fix the “no bust range” at 10 (ten) ticks for
NYMEX miNYTM Heating Oil and NYMEX miNYTM Unleaded Gasoline contracts. Pursuant to
Section 5c(c) of the Commodity Exchange Act (“Act”) and CFTC Rule 40.6, the Exchange
hereby certifies that the new amendments comply with the Act, including regulations under the
Act.

Should you have any questions concerning the above, please feel free to contact me at
(212) 299-2897.

Very truly yours,

Thomas F. LaSala
Senior Vice President
Compliance and Risk Management

Attachments
ce: Brian Regan
Nancy Minett


(Additions are in Bold/Underline.)
NYMEX Rule 11.63, Electronic Trading Error Trade Procedures
Sections (A), (B)(1) Contract Outrights, and intra-Commodity Spreads are unchanged.

Products Traded on an Alternative Electronic Trading System (categorized generically by
commodity and by unit size)

Product (Unit Size) # Ticks From Market
Crude Oil and Crude Products (1000 Barrels) 10
Crude Oil and Crude Products (42,000 Gallons) 24
Natural Gas 16
Electricity 30
NYMEX miNYTM Crude Oil 6
NYMEX miNYTM Natural Gas 16
NYMEX miNYTM Unleaded Gasoline 10

NYMEX miNYTM Heating Oil 10
Case 1:07-cv-05417-AKH     Document 4      Filed 09/05/2007     Page 1 of 1
<PAGE>
                                                                   EXHIBIT 10.2

                             AMENDMENT NUMBER ONE TO
             THE METLIFE ANNUAL VARIABLE INCENTIVE PLAN (THE "PLAN")

         The Plan is hereby amended in the manner set forth below:

     1.  Article 4 of the Plan is amended to add a new Section 4.5 at the end
thereof, to read as follows:

         4.5      TIMING OF PAYMENT. Subject to Section 4.4, all Awards granted
                  under this Plan shall, if payable, be paid on or before March
                  15 of the calendar year following the calendar year with
                  regard to which the performance criteria or other
                  contingencies that pertain to the Award (other than continued
                  employment with the Company or an Affiliate or other
                  contingency related to continued service until the date on
                  which the Award is payable) apply. No Participant or any other
                  person shall have any right to receive any payment of interest
                  or other remedy due to any payment of an Award on a date other
                  than as provided in the immediately preceding sentence.

     2.  This Amendment will be effective immediately upon execution.

     3. Except as otherwise expressly provided herein, the Plan (including any
amendments thereto) shall continue in full force and effect without amendment.

IN WITNESS WHEREOF, this amendment is approved.

METLIFE, INC.

/s/ Gwenn L. Carr
-------------------------------------------------
Gwenn L. Carr
Senior Vice President and Secretary

Date:  December 15, 2005
       ----------------------------


Witness:  /s/ Christine Martinez
          ---------------------------------------
          Christine Martinez
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Exhibit 32.1

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 Annual Report of Investools Inc. (the "Company") on Form 10-K for the year ended December 31, 2007, as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Lee K. Barba, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company and that the Report
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.

| |  | /s/LEE K. BARBALee K. Barba
Chief Executive Officer
March 14, 2008
| |  | ------------------------------------------------------------------

---



QuickLinks
<PAGE>



                                                                    Exhibit 99.2


                            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 ImageMax, Inc. (the "Company") on
Form 10-QSB for the period ending September 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
B. Walls, 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 result of operations of the
Company as of September 30, 2002 (the last date of the period covered by the
Report).



/s/ David B. Walls
-----------------------
David B. Walls
Chief Financial Officer


November 13, 2002
Exhibit 32.1  Certification of the Principal Executive Officer 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 Sunburst Acquisitions III, Inc. (the "Company") on Form 10-QSB for the quarter ended February 28, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Scott MacCaughern, the Principal Executive Officer of the Company, hereby certifies, 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/ Scott MacCaughernPrincipal Executive Officer Date: September 21, 2007
**EXHIBIT
      23.1**





CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
      hereby
      consent to the incorporation by reference in the Registration Statements (Nos.
      333-129997 and 333-129998) on Form S-8 and the Registration Statements (Nos.
      333-143202, 333-138559, 333-138558) on Form S-3 of MRU Holdings, Inc. of our
      report dated September 28, 2006, except as to the information dated September
      28, 2007, relating to the consolidated financial statements of MRU Holdings,
      Inc. and subsidiaries as of June 30, 2005 and 2006, which reports appears in
      the
      Annual Report on Form 10-KSB/A of MRU Holdings, Inc. for the fiscal year ended
      June 30, 2006.








/s/
      Bagell, Josephs, Levine & Company, L.L.C.








New
      York,
      New York


September
      28, 2007
[Exhibit 32.1]

  CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 on Form 10-QSB/A of Med Gen,
Inc. (the "Company") for the quarter ended June 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Paul B. Kravitz, Chief Executive Officer
of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
that:

(1) the Report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended; 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 14, 2006

                                       /s/ PAUL B. KRAVITZ
                                       ------------------------
                                       Paul B. Kravitz
                                       Chief Executive Officer
<TABLE>
<CAPTION>

                 COMPUTATION OF EARNINGS TO FIXED CHARGES RATIO       Exhibit 12
                           FROM CONTINUING OPERATIONS
                  (IN THOUSANDS OF DOLLARS, EXCEPT RATIO DATA)


                                                                        YEAR ENDED
                                        ------------------------------------------------------------------------
                                        December 31,   December 26,   December 27,   December 28,   December 29,
                                            2000           1999           1998           1997           1996
                                        ------------   ------------   ------------   ------------   ------------
<S>                                     <C>            <C>            <C>            <C>            <C>
FIXED CHARGES COMPUTATION

INTEREST EXPENSE:

     NET INTEREST EXPENSE               $    114,422   $     92,247   $    101,420   $     97,286   $     66,740

     PLUS CAPITALIZED INTEREST                 2,230          5,197          4,516          5,376          6,397
                                        ------------   ------------   ------------   ------------   ------------
          GROSS INTEREST EXPENSE             116,652         97,444        105,936        102,662         73,137

PROPORTIONATE SHARE OF INTEREST
     EXPENSE OF 50% OWNED PERSONS                                                           1,948         17,941

INTEREST COMPONENT OF
     RENT EXPENSE                              8,774          8,229          7,688          6,671          5,787
                                        ------------   ------------   ------------   ------------   ------------

          TOTAL FIXED CHARGES           $    125,426   $    105,673   $    113,624   $    111,281   $     96,865
                                        ============   ============   ============   ============   ============





EARNINGS COMPUTATION

PRETAX EARNINGS                         $    525,290   $    568,015   $    507,916   $    693,852   $    310,209

     ADD: FIXED CHARGES                      125,426        105,673        113,624        111,281         96,865

          LESS: CAPITALIZED INTEREST          (2,230)        (5,197)        (4,516)        (5,376)        (6,397)

    LESS: DISTRIBUTIONS IN EXCESS
                OF (LESS THAN)
                EARNINGS OF INVESTEES         55,315         (8,934)       (16,693)        (7,675)       (12,962)
                                        ------------   ------------   ------------   ------------   ------------

          TOTAL EARNINGS AS ADJUSTED    $    703,801   $    659,557   $    600,331   $    792,082   $    387,715
                                        ============   ============   ============   ============   ============

          RATIO OF EARNINGS
            TO FIXED CHARGES                   5.6:1          6.2:1          5.3:1          7.1:1          4.0:1
                                        ============   ============   ============   ============   ============
</TABLE>
August 11, 2006

Ms. Eileen A. Donovan ore,
Acting Secretary

Commodity Futures Trading Commission
Three Lafayette Center

1155 21" Street, N.W.

Washington, D.C. 20581

Reference File # 2712.01
Rule Certification
Dear Ms. Donovan:

Pursuant to Commission Regulation 40.6(a), the Chicago Board of Trade (CBOT®) hereby
submits the following:

- Temporary withdrawal of trading authorization for January 2007 CBOT Binary
Options on the Target Fed Funds Rate, which has no open interest.

The foregoing action is being taken in connection with an Exchange review of the specifications
of this options product.

The Exchange intends to implement this action as of the business day following the
Commission’s receipt of this filing.

There were no opposing views conceming this action.

The CBOT certifies that this action complies with the Commodity Exchange Act and the rules
thereunder.

Sincerely,

Paul J. Draths
Vice President and Secretary
#### The People of the State of New York, Respondent, v Edward J. Miller, Appellant.

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: As conceded by the District Attorney, the verdict of not guilty of burglary in the first degree (Penal Law § 140.30 [2]), but guilty of burglary in the second degree (Penal Law § 140.25 [2]) and guilty of assault in the second degree and assault in the third degree is repugnant. We therefore modify the judgment by vacating the convictions of assault in the second degree and assault in the third degree and the sentences imposed thereon. (Appeal from judgment of Jefferson County Court, Aylward, J. — burglary, second degree, and other charges.) Present — Dillon, P. J., Doerr, Boomer, Pine and Lawton, JJ.
Case 1:07-cv-05794-MGC Document 22-4 Filed 09/17/2008 Page 1 of 2
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<TABLE> <S> <C>

<ARTICLE> 5
<CIK>  0000275605
<NAME> COMCAST JOIN HOLDINGS, INC.
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                                     YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                              23
<SECURITIES>                                         0
<RECEIVABLES>                                       40
<ALLOWANCES>                                        (5)
<INVENTORY>                                         16
<CURRENT-ASSETS>                                    85
<PP&E>                                             947
<DEPRECIATION>                                    (304)
<TOTAL-ASSETS>                                   1,836
<CURRENT-LIABILITIES>                              216
<BONDS>                                          1,673
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     1,836
<SALES>                                            541
<TOTAL-REVENUES>                                   541
<CGS>                                                0
<TOTAL-COSTS>                                     (665)
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (119)
<INCOME-PRETAX>                                   (248)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (248)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (248)
<EPS-BASIC>                                      (5.93)
<EPS-DILUTED>                                    (5.93)


</TABLE>