alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
S06A0954.

#### COLEMAN v. COLEMAN.

(636 SE2d 527)

BENHAM, Justice.

Mary Helen Coleman filed a petition for divorce from James R. Coleman in 2000 seeking equitable division of property, custody of their child, child support, alimony, and attorney fees. Mr. Coleman answered, denying many of the factual assertions of the petition, and counterclaimed, seeking joint custody of their child, equitable division of property, and an injunction against disposing of property pending appeal. When neither party appeared for a specially set final hearing, the trial court conducted a pretrial conference with counsel and entered an order setting the case again for a final hearing, providing specifically that “each party seeking redress from this Court must be present at said time in order to be granted any redress from this Court.” Mr. Coleman obtained a certificate of immediate review and sought interlocutory appeal of that order. This Court granted Mr. Coleman’s application, posing the question, “In a pending divorce action, did the trial court err by issuing an order in which it stated that it would not grant any redress to the parties if they chose not to be present at the final divorce hearing?”

Trial courts are vested with a broad discretion in the conduct of trials *(Furlow v. State,*272 Ga. 795 (2) (537 SE2d 61) (2000)), but *102neither the order under review here nor the record in this case demonstrates an exercise of such discretion by articulating a basis for the decision. When, as here, an appellate court cannot determine whether a trial court has exercised discretion, the proper remedy is to remand the case to the trial court. *Mathes v. Mathes,*267 Ga. 845 (483 SE2d 573) (1997); *Padilla v. Melendez,*228 Ga. App. 460 (491 SE2d 905) (1997). Accordingly, we reverse the trial court’s order and remand the case with direction that the trial court, in its reconsideration of this matter, exercise its discretion and enter a new order which articulates the basis for the decision in such a manner as to permit appellate review.

Decided October 16, 2006.

*Dupree, King & Kimbrough, Michael S. Kimbrough,*for appellant.

*Gregory J. Konke,*for appellee.

*Judgment reversed and case remanded.*

*All the Justices concur.*
<partyblock><br><br><div align="center"><b><font size="+1">TAM Medical Supply Corp., as Assignee of Acevedo Hector, Appellant, </font></b></div><br><br><party role="defendant&lt;Body&gt;&lt;P&gt;">Country Wide Insurance Company, Respondent.The Rybak Firm, PLLC (Damin J. Toell and Louis Desorbo of counsel), for appellant.Jaffe &amp; Koumourdas, LLP (Jean H. Kang of counsel), for respondent.<p>Appeal from an order of the Civil Court of the City of New York, Queens County (Mojgan Cohanim Lancman, J.), entered March 29, 2016. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that plaintiff's assignor was not a member of the policyholder's household. By order entered March 29, 2016, the Civil Court denied plaintiff's motion and granted defendant's cross motion.</p><p>The affidavit of defendant's no-fault litigation supervisor was conclusory in nature and unsupported by competent evidence (<i>see Alvarez v Prospect Hosp.</i>, 68 NY2d 320 [1986]). Although the accident occurred in Pennsylvania, the NF-2 form annexed to defendant's cross motion states that plaintiff's assignor resides in Bronx County. As a result, defendant's cross motion for summary judgment should have been denied, because defendant failed to establish, as a matter of law, that plaintiff's assignor is not an eligible injured person (<i>see</i> 11 NYCRR ยง 65-1.1 [d]). In view of the existence of a triable issue of fact as to whether the assignor was an eligible injured person who was entitled to reimbursement of first-party no-fault benefits (<i>see id.</i>), plaintiff's motion for summary judgment was properly denied. </p><p>Accordingly, the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.</p><p>ELLIOT, J.P., PESCE and SIEGAL, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: April 13, 2018<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></party></partyblock>
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2478 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2478

To amend title 5, United States Code, to provide that civilian service 
  in a temporary position after December 31, 1988, may be creditable 
 service under the Federal Employees Retirement System, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2019

 Mr. Kilmer (for himself and Mr. Cole) introduced the following bill; 
      which was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
To amend title 5, United States Code, to provide that civilian service 
  in a temporary position after December 31, 1988, may be creditable 
 service under the Federal Employees Retirement System, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Retirement Fairness Act''.

SEC. 2. CREDITABLE SERVICE FOR TEMPORARY EMPLOYEES SERVING AFTER 1988.

    (a) In General.--Section 8411(3) of title 5, United States Code, is 
amended by striking ``performed before January 1, 1989,''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any individual who is an employee (as that term is defined in 
paragraph (11) of section 8401 of title 5, United States Code), 
including temporary employees of the United States Postal Service, or a 
Member (as that term is defined in paragraph (20) of such section) on 
or after the date of enactment of this Act.
    (c) Notification.--The Director of the Office of Personnel 
Management shall notify agency Chief Human Capital Officers or other 
appropriate agency officials for purposes of providing notice to 
employees and Members who are eligible to make a deposit for service by 
operation of the amendment made by subsection (a).
    (d) Regulations.--The Director of the Office of Personnel 
Management shall promulgate regulations to carry out this Act and the 
amendments made by this Act.
                                 <all>
```
# C_2019423EN.01001302.xml

| 16.12.2019 | EN | Official Journal of the European Union | C 423/13 |
| --- | --- | --- | --- |

16.12.2019

EN

Official Journal of the European Union

C 423/13

---

Judgment of the Court (Tenth Chamber) of 17 October 2019 – Landeskammer für Land- und Forstwirtschaft in Steiermark v Gabriele Schmid, European Union Intellectual Property Office (EUIPO)

(Case C-514/18 P) (1)

(Appeal - European Union trade mark - Regulation (EC) No 207/2009 - Article 15 - Concept of ‘genuine use’ - Requirement to use the mark in accordance with its essential function)

(2019/C 423/16)

Language of the case: German

Parties

Appellant: Landeskammer für Land- und Forstwirtschaft in Steiermark (represented by: I. Hödl and S. Schoeller, Rechtsanwälte)

Other parties to the proceedings: Gabriele Schmid (represented by: B. Kuchar, Rechtsanwälte), European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal. |
| --- | --- |

1.

Dismisses the appeal.

| 2. | Orders the Landeskammer für Land- und Forstwirtschaft in Steiermark (Regional Chamber of Agriculture and Forestry of Styria, Austria) to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and those incurred by Ms Gabriele Schmid. |
| --- | --- |

2.

Orders the Landeskammer für Land- und Forstwirtschaft in Steiermark (Regional Chamber of Agriculture and Forestry of Styria, Austria) to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and those incurred by Ms Gabriele Schmid.

---

(1)  OJ C 408, 12.11.2018.

---
#### Yvonne HICKMAN, Plaintiff-Appellant, v. Michael PUGLISE, Defendant-Appellee.

No. 13-1118.

United States Court of Appeals, Fourth Circuit.

Submitted: April 25, 2013.

Decided: April 29, 2013.

Yvonne Hickman, Appellant Pro Se.

Michael Puglise, Appellee Pro Se.

Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Yvonne Hickman appeals the district court’s order dismissing her civil complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Hickman v. Puglise,*No. l:12-cv-03577-CCB, 2013 WL 141579 (D.Md. Jan. 10, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
December 22, 2023

VIA CFTC PORTAL

Mr. Christopher Kirkpatrick

Secretary of the Commission

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

Re: Amendment to ICE Clear U.S., Inc. Rules - Submission Pursuant to Section 5c(c)(1) 

of the Commodity Exchange Act and Commission Regulation 40.6(a) - Change to 

the Fee Charged on Non-Cash Initial Margin and Guaranty Fund Deposits

Dear Mr. Kirkpatrick:

Pursuant to Section 5c(c)(1) of the Commodity Exchange Act, as amended (“Act”), and 

Commodity Futures Trading Commission (“Commission”) Regulation 40.6(a), ICE Clear U.S., Inc. 

(“ICUS”) is submitting this self-certification of changes to the fee charged for non-cash initial 

margin and Guaranty Fund deposits. ICUS intends to implement this change no sooner than the 

tenth business day following the filing of this submission with the Commission, or such later date 

as ICUS may determine.

1. Details of the Changes

ICUS is proposing to increase the fee charged for non-cash initial margin and Guaranty Fund 

deposits (“Non-Cash Deposits”) posted by Clearing Members. This change will apply to both 

house and customer accounts. The fee for Non-Cash Deposits will be increased by 1.67 basis 

points, from 8.33 basis points to 10 basis points. ICUS will issue a notice to Clearing Members

in advance of the effective date. 

2. Compliance with the Act and Regulations

ICUS reviewed this change and determined that it complies with the requirements of the Act and 

the rules and regulations promulgated by the Commission in implementing the Act. In this regard, 

ICUS reviewed the derivatives clearing organizations core principles (“Core Principles”) and 

determined that the change is potentially relevant to the following core principles and the 

applicable regulations of the Commission thereunder:

Financial Resources (Core Principle B): The fee change is consistent with the financial resource 

requirements of Core Principle B and related Commission Regulations 39.11 and 39.33.

Public Information (Core Principle L): Information regarding the fee charged for non-cash initial 

margin and Guaranty Fund deposits is publicly available to market participants, enabling them to 
identify and evaluate any risk and costs associated with using ICUS’s services, as such this 

change is consistent with the requirements of Core Principle L and Commission Regulation 39.21.

3. Certifications

ICUS certifies that the amendments comply with the Act and the rules and regulations 

promulgated by the Commission thereunder. ICUS is not aware of any substantive opposing 

views expressed regarding the amendments. ICUS further certifies that, concurrent with this 

filing, a copy of the submission was posted on ICUS’s website, and may be accessed at 

https://www.theice.com/clear-us/regulation.

If you or your staff have any questions or require further information regarding this submission, 

please do not hesitate to contact the undersigned at (212) 748-3964 or 

Eamonn.Hahessy@theice.com.

Sincerely,

Eamonn Hahessy

General Counsel and Chief Compliance Officer
EXHIBIT 32.2



CHIEF FINANCIAL OFFICER CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the Quarterly Report of New Ulm Telecom, Inc. (the
"Company") on Form 10-Q for the quarterly period ended June 30, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Nancy Blankenhagen, Chief Financial 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.

         A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request.


Dated:   August 11, 2005                             By /s/ Nancy Blankenhagen
                                                        ------------------------
                                                        Nancy Blankenhagen
                                                        Chief Financial Officer


                                       33
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 on Form 10-Q of Oaktree Capital Group,
LLC (the Company) for the quarter ended March 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David M. Kirchheimer, certify, pursuant to 18 U.S.C. § 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, 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 at the dates and for the
periods presented.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 14, 2012



/s/ David M. KirchheimerDavid M. KirchheimerChief Financial Officer, Chief AdministrativeOfficer and Principal(Principal Financial Officer and PrincipalAccounting Officer)


A signed original of this written statement required by Section 906 has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

This Certification
is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made
before or after the date of the Report), irrespective of any general incorporation language contained in such filing.
#### CHARNS v. BROWN

No. 267P98

Case below: 129 N.C.App. 635

Petition by petitioner for discretionary review pursuant to G.S. 7A-31 denied 8 October 1998.
[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29159-29160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13342]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Drug Abuse; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The contract proposals and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Drug Abuse Special 
Emphasis Panel, ``Configurable Gene-Chip Finds Genetic Factors in 
Addiction''.
    Date: June 5, 2001.
    Agenda: To reivew and evaluate contract proposals.

[[Page 29160]]

    Time: 10 a.m. to 1 p.m.
    Place: Neuroscience Center, National Institutes of Health, 6001 
Executive Blvd., Rockville, MD 20852 (Telephone Conference Call).
    Contact Person: Richard C. Harrison, Chief, Contract Review 
Branch, Office of Extramural Affairs, National Institute on Drug 
Abuse, National Institutes of Health, 6001 Executive Boulevard, Room 
3158, MSC 9547, Bethesda, MD 20892-9547, 302-435-1437.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug 
Abuse Scientist Development Award for Clinicians, Scientist 
Development Awards, and Research Scientist Awards; 93.278, Drug 
Abuse National Research Service Awards for Research Training; 
93.279, Drug Abuse Research Programs, National Institutes of Health, 
HHS)

    Dated: May 22, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-13342 Filed 5-25-01; 8:45 am]
BILLING CODE 4140-01-M
[S. R. SNODGRASS, A.C. LETTERHEAD]




                         CONSENT OF INDEPENDENT AUDITORS




We consent to the incorporation by reference in this  Registration  Statement of
PHSB  Financial  Corporation  on Form S-8 of our report  dated  January 15, 2003
appearing in the Annual Report on Form 10-KSB of PHSB Financial  Corporation for
the year ended December 31, 2002.


                                                 /s/S.R. Snodgrass, A.C.
                                                 -------------------------------
                                                 S.R. Snodgrass, A.C.

Wexford, Pennsylvania

March 21, 2003
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549



---

# FORM 8-K

---



CURRENT REPORT



Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934



Date of report (Date of earliest event reported):October 12, 2007



---

KMG America Corporation

(Exact Name of Registrant as Specified in Charter)





Virginia
        1-32377
        20-1377270(State or Other Jurisdiction
        (Commission
        (IRS Employerof Incorporation)
        File Number)
        Identification No.)




12600 Whitewater Drive, Suite 150Minnetonka, Minnesota
        55343(Address of Principal Executive Offices)
        (Zip Code)




Registrants telephone number, including area code:(952) 930-4800



N/A

(Former Name or Former Address, if Changed Since Last Report)



---

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:



o
        Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


x
        Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


o
        Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


o
        Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))










---

Item 8.01.    Other Events.



On October 12, 2007, KMG America Corporation (KMG) issued a press release  announcing that November 16, 2007, has been set as the date of a special meeting of shareholders to vote on the previously announced proposed acquisition of KMG by Humana Inc., and the close of business on October 12, 2007, has been set as the record date for the meeting. A copy of the press release is attached hereto asExhibit 99.1and is incorporated herein by reference.



Item 9.01.    Financial Statements and Exhibits.



(d)
        Exhibits.




99.1     Press release of KMG issued on October 12, 2007, announcing that November 16, 2007, has been set as the date of a special meeting of shareholders to vote on the proposed acquisition of KMG by Humana Inc., and the close of business on October 12, 2007, has been set as the record date for the meeting.





2

---

SIGNATURES



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.



Dated: October 12, 2007





KMG AMERICA CORPORATIONBy:
        /s/   James E. NelsonJames E. Nelson
Senior Vice President, General Counsel and Secretary






3

---

EXHIBIT INDEX

Exhibit No.:
        Description:99.1
        Press release of KMG issued on October 12, 2007, announcing that November 16, 2007, has been set as the date of a special meeting of shareholders to vote on the proposed acquisition of KMG by Humana Inc., and the close of business onOctober 12, 2007, has been set as the record date for the meeting.








4

---