alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### LARRY WALKER YOW, Administrator of the Estate of NELSON ALLEN YOW, Deceased, and LARRY WALKER YOW and SANDRA GAYNELL YOW as Parents of NELSON ALLEN YOW, Deceased v. R. W. LLOYD NANCE

No. 7520SC1006

(Filed 5 May 1976)

Death § 3— wrongful death act — death of unborn viable child — no “person”

A viable unborn child whose death is caused while still in its mother’s womb is not to be considered a “person” within the meaning of the wrongful death act.

Appeal by plaintiffs from *Rousseau, Judge.*Judgment entered 6 October 1975 in Superior Court, Stanly County. Heard in the Court of Appeals 19 March 1976.

*Hartsell, Hartsell & Mills, P.A., by W. Erwin Spainhour, for plaintiff appellants.*

*Golding, Crews, Meekins, Gordon & Gray, by Fred C. Meehins, for defendant appellee.*

VAUGHN, Judge.

This action was started to recover damages for the wrongful death of a viable unborn child, who was eight and one-half months developed at the time of the fatal accident.

The trial judge allowed defendant’s motion to dismiss filed under Rule 12(b) (6) and (c).

In a case of first impression, *Cardwell v. Welch,*25 N.C. App. 390, 213 S.E. 2d 382, *cert. den.*287 N.C. 464, 215 S.E. 2d 623, this Court gave its answer to the identical question presented by this appeal. In *Welch,*this Court held that a viable unborn child whose death is caused while still in its mother’s *420womb is not to be considered a “person” within the meaning of the wrongful death act.

In that well reasoned opinion by Judge Parker, we find the following:

> “In making our decision we have not been concerned with the question of when human life begins from a biological or theological point of view. We have simply been called on to construe a statute. Furthermore, in making our decision we have not been insensitive to the rights of the unborn. In appropriate circumstances the law recognizes such rights and at times even requires that a guardian be appointed to protect them. We point out, however, that no wrongful death statute can ever operate to benefit the deceased; it can only operate to benefit others by granting a cause of action where none previously existed.

> Accordingly, we construe the word ‘person’ in our wrongful death statute to mean one who has become recognized as a person by having been born alive. If it be deemed desirable that a cause of action exist to recover for the wrongful death of an unborn fetus, that result would be accomplished more appropriately by legislative action than by strained judicial construction of an ancient statute.”

For the reason stated in *Welch,*the judgment is affimed.

Affirmed.

Chief Judge Brock and Judge Martin concur.
Exhibit 10.16  FIRST AMENDMENT TO AMENDED AND RESTATED 2004 EQUITY INCENTIVE PLAN  The Gramercy
Capital Corp. (the Company) Amended and Restated 2004 Equity Incentive Plan
(the Plan), is hereby amended as follows:  The second
sentence of Section 4.1(a) of the Plan is amended by added the
following to the end of such sentence, , to the extent such Award is intended
to qualify as performance based compensation under Section 162(m) of
the Code, or 800,000, to the extent such Award is not intended to qualify as
performance based compensation under Section 162(m) of the Code.  As amended, the second sentence of Section 4.1(a) of
the Plan shall read as follows:  The maximum
number of Shares that may underlie Awards, other than Options, granted in any
one year to any Eligible Person, shall not exceed 200,000, to the extent such
Award is intended to qualify as performance based compensation under Section 162(m) of
the Code, or 800,000, to the extent such Award is not intended to qualify as
performance based compensation under Section 162(m) of the Code.  This amendment
shall be effective as of the date on which it is approved by the Board of
Directors of the Company.   APPROVED BY
BOARD:  October 27, 2008
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7927
ROBERT LEE BROCK, Plaintiff - Appellant, versus REBECCA BEACH SMITH, Judge, Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Walter E. Hoffman, Senior District Judge. (CA-95-40-2-MC) Submitted: March 21, 1996 Decided: April 10, 1996 Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Robert Lee Brock, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying his attempt to file a complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Brock v. Smith , No. CA-95-40-2-MC (E.D. Va. Oct. 30, 1995). 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.

AFFIRMED
Exhibit 32.2  CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report of Xtra-Gold Resources Corp. (the Company) on Form 10-Q for the period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, JOHN ROSS, Chief Financial Officer of our company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (a)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 contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date:August 11, 2010/s/John Charles Ross  By:John Charles RossPrincipal Financial Officer  A signed original of this written statement required by Section 906 has been provided to and will be retained by our company and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5122 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5122

    To authorize appropriations for the Housing Assistance Council.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2010

Mr. Hinojosa (for himself, Mr. Frank of Massachusetts, Ms. Waters, Mr. 
  Pastor of Arizona, Mr. Clay, Mr. Ellison, Mr. Lujan, Mr. Wilson of 
 Ohio, and Mr. Thompson of Mississippi) introduced the following bill; 
       which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
    To authorize appropriations for the Housing Assistance Council.

    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 ``Housing Assistance Council Program 
Reauthorization Act of 2010''.

SEC. 2. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

    (a) Use.--The Secretary of Housing and Urban Development may 
provide financial assistance to the Housing Assistance Council for use 
by such Council to develop the ability and capacity of community-based 
housing development organizations to undertake community development 
and affordable housing projects and programs in rural areas. Assistance 
provided by the Secretary under this section may be used by the Housing 
Assistance Council for--
            (1) technical assistance, training, support, and advice to 
        develop the business and administrative capabilities of rural 
        community-based housing development organizations;
            (2) loans, grants, or other financial assistance to rural 
        community-based housing development organizations to carry out 
        community development and affordable housing activities for 
        low- and moderate-income families; and
            (3) such other activities as may be determined by the 
        Housing Assistance Council.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated for financial assistance under this section for the 
Housing Assistance Council--
            (1) $10,000,000 for fiscal year 2012; and
            (2) $15,000,000 for each of fiscal years 2013, 2014, 2015, 
        2016, and 2017.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6416

In Re: ANDRE LAMAR WOODY,

Petitioner.

On Petition for Writ of Mandamus.

(1:07-cv-00017)

Submitted: May 25, 2007 Decided: June 1, 2007

Before WILKINSON, WILLIAMS, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Andre Lamar Woody, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Andre Lamar Woody petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his motion

for reconsideration. He seeks an order from this court directing

the district court to act and permission to file his petition in

forma pauperis. We find there has been no undue delay in the

district court. Accordingly, although we grant Woody’s motion to

proceed in forma pauperis, we deny his petition for mandamus

relief. 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. 

PETITION DENIED
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 September 2, 2020

Order 

Clerk

September 2, 2020

160772(52)

SARON E. MARQUARDT, Personal

Representative of the ESTATE OF

SANDRA D. MARQUARDT,

Plaintiff-Appellant,

SC: 160772

v COA: 343248

Washtenaw CC: 12-000621-NH

VELLAIAH DURAI UMASHANKAR, M.D.,

Defendant-Appellee. 

_______________________________________/

On order of the Chief Justice, the motion of the American Medical Association and 

the Michigan State Medical Society to file a brief amicus curiae is GRANTED. The amicus 

brief will be accepted for filing if submitted on or before September 21, 2020.
----

            COMMISSION REGULATION (EC) No 941/2004

of 30 April 2004         

fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice to be exported to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1876/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The maximum export refund on wholly milled grain, medium grain and long grain A rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1876/2003 is hereby fixed on the basis of the tenders submitted from 26 to 29 April 2004 at 64,00 EUR/t.

Article 2

This Regulation shall enter into force on 1 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 April 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

----

(1)OJ L 329, 30.12.1995, p. 18. Regulation as last amended by Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

(2)OJ L 275, 25.10.2003, p. 17.

(3)OJ L 61, 7.3.1975, p. 25. Regulation as last amended by Regulation (EC) No 1948/2002 (OJ L 299, 1.11.2002, p. 18).

----
|EXHIBIT 32.1
|------------



|CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
|-------------------------------------------------------------------------------------------------------------------

In accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Van Z. Krikorian, the Chairman and Chief Executive
Officer of Global Gold Corporation (the "Registrant") and Jan E. Dulman, the Chief Financial Officer of the Registrant, each hereby certifies that:

1. The Registrant's Annual Report on Form 10-KSB/A for the period ended December 31, 2007 (the "Periodic Report"), fully complies with the requirements of Section 13(a) or Section 15(d) of
the Securities Exchange Act of 1934, as amended; and

2. The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

|Date: October 22, 2008             |  |                              
|---------------------------------- |  | -----------------------------
|                                  
|/s/ Van Z. Krikorian               |  | /s/ Jan E. Dulman            
|Van Z. Krikorian                   |  | Jan E. Dulman                
|Chairman & Chief Executive Officer |  | Chief Financial Officer      
|(Principal Executive Officer)      |  | (Principal Financial Officer)

---
**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 withthe Quarterly Report of Gramercy Capital Corp. (the “Company”) on Form 10-Q asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Marc Holliday, Chief Executive Officer of the Company, hereby certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended; and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| /s/ Marc Holliday |                    |
|-------------------|-------------------------|
| Name:             | Marc Holliday           |
| Title:            | Chief Executive Officer |
|              |                    |
| November  9, 2006 |
|                   |                         |  |

 

1

----
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: January 19, 2017 D-7-17 

___________________________________

In the Matter of MANDY HUAY-YI

HU, an Attorney.

MEMORANDUM AND ORDER

 ON MOTION

(Attorney Registration No. 4866679)

___________________________________

Calendar Date: January 11, 2017

Before: Egan Jr., J.P., Lynch, Rose, Devine and Clark, JJ.

__________

Mandy Huay-Yi Hu, Burlingame, California, pro se.

Monica A. Duffy, Attorney Grievance Committee for the Third

Judicial Department, Albany, for Attorney Grievance Committee for

the Third Judicial Department.

__________

Per Curiam.

Mandy Huay-Yi Hu was admitted to practice by this Court in

2010 and lists a business address in Burlingame, California with

the Office of Court Administration. Hu now seeks leave to resign

from the New York bar for nondisciplinary reasons (see Uniform

Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.22

[a]). The Attorney Grievance Committee for the Third Judicial

Department advises that it does not oppose Hu's application.

Upon reading the affidavit of Hu sworn to August 11, 2016,

and upon reading the correspondence in response by the Chief

Attorney for the Attorney Grievance Committee for the Third

Judicial Department, and having determined that Hu is eligible to

resign for nondisciplinary reasons, we grant her application and

accept her resignation.
-2- D-7-17 

Egan Jr., J.P., Lynch, Rose, Devine and Clark, JJ., concur.

ORDERED that Mandy Huay-Yi Hu's application to resign is

granted and her nondisciplinary resignation is accepted; and it

is further

ORDERED that Mandy Huay-Yi Hu's name is hereby stricken

from the roll of attorneys and counselors-at-law of the State of

New York, effective immediately, and until further order of this

Court (see generally Uniform Rules for Attorney Disciplinary

Matters [22 NYCRR] § 1240.22 [b]); and it is further

ORDERED that Mandy Huay-Yi Hu shall, within 30 days of the

date of this decision, surrender to the Office of Court

Administration any Attorney Secure Pass issued to her. 

ENTER:

Robert D. Mayberger

Clerk of the Court
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5126 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5126

To repeal provisions of the Patient Protection and Affordable Care Act 
      relating to health savings accounts, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2010

 Mr. Fleming introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To repeal provisions of the Patient Protection and Affordable Care Act 
      relating to health savings accounts, 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 ``Helping Save Americans' Health Care 
Choices Act of 2010''.

SEC. 2. REPEAL OF ADDITIONAL TAX FROM DISTRIBUTIONS FROM HSAS AND MSAS.

    Section 9004 of the Patient Protection and Affordable Care Act is 
hereby repealed, and effective as of the date of the enactment of such 
Act the provisions of the Internal Revenue Code of 1986 amended by such 
section are amended to read as such provisions would read if such 
section had never been enacted.

SEC. 3. REPEAL OF LIMITATION ON DEDUCTIONS MAKING NON-PRESCRIPTION 
              DRUGS NON-QUALIFYING DISTRIBUTIONS FROM TAX-PREFERRED 
              ACCOUNTS.

    Section 9003 of the Patient Protection and Affordable Care Act is 
hereby repealed, and effective as of the date of the enactment of such 
Act the provisions of the Internal Revenue Code of 1986 amended by such 
section are amended to read as such provisions would read if such 
section had never been enacted.

SEC. 4. TREATMENT OF HIGH DEDUCTIBLE HEALTH PLANS AS QUALIFIED HEALTH 
              PLAN UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE 
              ACT.

    Subparagraph (B) of section 1301(a)(1) of the Patient Protection 
and Affordable Care Act is amended by inserting ``or meets the 
requirements for a high deductible health plan under section 223(c)(2) 
of the Internal Revenue Code of 1986'' after ``section 1302(a)''.

SEC. 5. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS 
              UNDER CAFETERIA PLANS.

    Sections 9005 and 10902 of the Patient Protection and Affordable 
Care Act are hereby repealed, and effective as of the date of the 
enactment of such Act the provisions of the Internal Revenue Code of 
1986 amended by such sections are amended to read as such provisions 
would read if such sections had never been enacted.
                                 <all>
```
**Avis juridique important**

*|*

# 31992R2059

**Council Regulation (EEC) No 2059/92 of 30 June 1992 amending Regulation (EEC) No 845/72 laying down special measures to encourage silkworm rearing***Official Journal L 215 , 30/07/1992 P. 0019 - 0019*

COUNCIL REGULATION (EEC) No 2059/92 of 30 June 1992 amending Regulation (EEC) No 845/72 laying down special measures to encourage silkworm rearing

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

 Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, 

 Having regard to the proposal from the Commission (1), 

 Having regard to the opinion of the European Parliament (2), 

 Having regard to the opinion of the Economic and Social Committee (3), 

 Whereas Article 2 (1) of Regulation (EEC) No 845/72 (4) stipulates, inter alia, that the aid for silkworms is to be fixed each year by 1 August in respect of the rearing year beginning in the following calendar year; whereas, in view of current  practice, that provision should be adapted, 

 HAS ADOPTED THIS REGULATION: 

Article 1 

 In Article 2 of Regulation (EEC) No 845/72, paragraph 1 is hereby replaced by the following: 

 '1. With effect from the 1972/73 rearing year, aid shall be granted for silkworms reared within the Community. 

 Such aid, the amount of which shall be uniform throughout the Community, shall be fixed annually.'

Article 2 

 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. 

 This Regulation shall be binding in its entirety and directly applicable in all Member States. 

 Done at Luxembourg, 30 June 1992. 

 For the Council

 The President

 Arlindo MARQUES CUNHA

(1) OJ No C 119, 11. 5. 1992, p. 36.(2) OJ No C 150, 15. 6. 1992.(3) OJ No C 169, 6. 7. 1992.(4) OJ No L 100, 27. 4. 1972, p. 1. Amended by Regulation (EEC) No 4005/87 (OJ No L 377, 31. 12. 1987, p. 48).
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)







In connection with the accompanying
Quarterly Report on Form 10-Q for the six months ended June 30, 2009 and filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Sherry L. Spurlock, Chief Financial Officer South Texas Oil Company (the
“Company”), hereby certify, 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.





Date:
      August 14, 2009
              
              /s/
      Sherry L. SpurlockSherry
      L. SpurlockChief
      Financial Officer