alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CLARK, Respondent, *v.*BARNARD, Appellant.

[Submitted January 9, 1895.

Decided January 14, 1895.]

*Ejectment*— Statute *of limitations*— Stare *decisis.*— The statute of limitations begins to run against a mining claim when the patent thereto has been issued, and not from the date of the register’s receipt. *{King*v. *Thomas,*6 Mont. 409; *Mayer*v. *Carothers,*14 Mont. 274, followed.!

*Appeal from Second Judicial District, Silver Bow County.*

Ejectment. Judgment was rendered for the plaintiffs below by McHatton, J.

Affirmed.

*J. T.*Baldwin, for Appellant.

*Forbis & Forbis,*for Respondent.

Pemberton, C. J.

— This is an action in ejectment, commenced in the district court by plaintiffs to recover of defendant the possession of a town lot in the city of Butte, described in the complaint. It appears that the town lot in dispute is a portion of the surface ground of a certain quartz lode mining claim, known and described as “Gold Hill No. 2.” The defense to the action is the statute of limitations, the defendant, in her answer, alleging that before the bringing of this suit she had been in the adverse possession of the lot for more than five years after the plaintiffs had entered the mining claim above mentioned, and obtained the register’s receipt therefor. Five years did not elapse between the date of the patent and the bringing of this suit. The case was tried by the court *177below without a jury, upon an agreed statement of facts, the only issue and question being as to whether the statute began to run at the date of the register’s receipt, or at the date of the patent. The court below held that the statute began to run at the date of the patent, and entered judgment for the plaintiffs for the possession of the lot, and nominal damages. From this judgment, and an order denying a new trial, this appeal is prosecuted. „

In *King*v. *Thomas,*6 Mont. 409, this court held that the statute of limitations did not commence to ruu until the issuance of the mining patent. In *Mayer*v. *Carothers,*14 Mont. 274, this court refused to depart from the rule announced in *King*v. *Thomas, supra,*and again held that the statute does not run against a mining claim until issuance of patent. We are unable to discover any thing in the facts, circumstances, or law of the case at bar to distinguish it, in this respect, from *King*v. *Thomas*and *Mayer*v. *Carothers, supra;*and, upon the authority of these cases, the judgment of the court below in this case must be affirmed, and it is so ordered.

HUNT, J., concurs, basing concurrence upon the ground that the question has been twice decided by this court.

De Witt, J.

— I concur in affirming the judgment on the ground *stare decisis*of the case of *King*v. *Thomas, supra,*as I concurred in the judgment in *Mayer*v. *Carothers, supra.*
# Mother’s Day, 2010

Generations of mothers have labored tirelessly and selflessly to support and guide their children and families. Their loving, devoted efforts have broadened horizons for their children and opened doors of opportunity for our Nation’s daughters and granddaughters. On Mother’s Day, we pay tribute to these women who have given so much of themselves to lift up our children and shape America’s character.

                    Julia Ward Howe, who wrote the words for the song                     *The Battle Hymn of the Republic*, led early efforts to establish a day honoring the influence of mothers on our lives and communities. In the ensuing decades, many Americans rallied to support this cause, including Anna Jarvis. After the loss of her own mother, Anna helped spur the nationwide institution of Mother’s Day we celebrate each year.                

From our first moments in this world and throughout our lives, our mothers protect us from harm, nurture our spirits, and encourage us to reach for our highest aspirations. Through their unwavering commitment, they have driven and inspired countless acts of leadership, compassion, and service across our country. Many mothers have struggled to raise children while pursuing their careers, or as single parents working to provide for their families. They have carried the torch of trailblazers past, leading by powerful example and overcoming obstacles so their sons and daughters could reach their fullest potential.

Whether adoptive, biological, or foster, mothers share an unbreakable bond with their children, and Americans of all ages and backgrounds owe them an immeasurable debt. Nurturing families come in many forms, and children may be raised by two parents, a single mother, two mothers, a step-mom, a grandmother, or a guardian. Mother’s Day gives us an opportunity to celebrate these extraordinary caretakers, mentors, and providers who have made us who we are. As we honor today’s mothers, we also reflect upon the memory of those who have passed, and we renew our commitment to living the values they cultivated in us.

The Congress, by a joint resolution approved May 8, 1914 (38 Stat. 770), has designated the second Sunday in May each year as “Mother’s Day” and requested the President to call for its appropriate observance.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim May 9, 2010, as Mother’s Day. Let us express our deepest love and thanks to our mothers and remember those who, though no longer with us, inspire us still.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.

[FR Doc. 2010-11555

Billing code 3195-W0-P
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MURRAY
INCOME PROPERTIES I, LTD. AND CONSOLIDATED JOINT VENTURE BALANCE SHEET AND
STATEMENT OF EARNINGS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM
10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2000
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v150341_10-69 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing


     

    Exhibit
10.69
**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**

| (1) | the                quarterly report on Form 10-QSB/A of B&D Food Corp. for the three                months ended March 31, 2006 (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 B&D                Food Corp. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:              June 17,              2007 |                                         |                                           |
|------------------------------------------------|----------------------------------------------|------------------------------------------------|
|                                           |                                         |
|                                           |                                         |                                           |
|                                           |                                    | /s/ YARON              ARBELL   |
|                                           | Yaron              Arbell                    |
|                                           | Chief                Executive Officer       |
|                                           | (Principal                Executive Officer) |

----
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 Annual Report of Global Med Technologies, Inc. (the
Company) on Form 10-K for the period ended December 31, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Gary L. Cook, Director, and Acting Principal Financial
Officer and Treasurer 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
to the best of my knowledge:

|(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/ Gary L. Cook
Gary L. Cook
Acting
Principal Financial Officer and Treasurer
Dated: April 14, 2003
| | ----------------------------------------------------------------------------------------------------
Presidential Documents

27155 

Federal Register 

Vol. 75, No. 93 

Friday, May 14, 2010 

Title 3— 

The President 

Memorandum of May 4, 2010 

Delegation of Authority Relating To Certain Functions Under 

Section 201 (B) of the United States-india Nuclear Cooperation Approval And Nonproliferation Enhancement Act (Public Law 110–369) 

Memorandum for the Secretary of Energy 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including section 301 of title 3, 

United States Code, I hereby delegate to you the certification and reporting 

functions conferred upon the President by section 201 (b) of the United 

States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act (Public Law 110–369). 

You are authorized and directed to publish this memorandum in the Federal 

Register. 

THE WHITE HOUSE, 

Washington, May 4, 2010 

[FR Doc. 2010–11725 

Filed 5–13–10; 8:45 am] 

Billing code 6450–01–P 


hsrobinson on DSK69SOYB1PROD with PROPOSALSOB#1.EPS</GPH>
<PAGE>   1
                                                                    EXHIBIT 10.6

                                 FIRST AMENDMENT
                                     TO THE
                              BOWATER INCORPORATED
                      RETIREMENT PLAN FOR OUTSIDE DIRECTORS
                             AS AMENDED AND RESTATED
                                FEBRUARY 26, 1999

         WHEREAS, Bowater Incorporated, a Delaware corporation (the
"Corporation"), established the Bowater Incorporated Retirement Plan for Outside
Directors (the "Plan"); and

         WHEREAS, the Executive Committee of the Board of Directors of the
Corporation desires to amend and restate Section 2.02 of the Plan;

         NOW, THEREFORE, Section 2.02 of the Plan is hereby amended and
restated, effective June 9, 2000, as follows:

         "2.02    Change in Control. Any Participating Director who was a
                  Director immediately prior to a Change in Control of the
                  Company who is removed from or not renominated to his
                  directorship following such Change in Control shall (a) not be
                  required to meet the service requirement imposed by Section
                  2.01, (b) be eligible to retire early pursuant to Section 3.01
                  without the consent of the Company and without regard to his
                  attained age at the time of such retirement, and (c) be
                  entitled to a benefit calculated under Section 4.01 or 4.02,
                  whichever is applicable, as described in the next sentence
                  (but only in the event of a Change in Control). For purposes
                  of this calculation, years of Service in Continuous Service
                  shall be deemed to be ten (10) and Final Average Earnings
                  shall be based on Earnings that include (i) the amount of the
                  annual retainer in effect for the calendar year in which the
                  Change in Control occurs, plus (ii) all fees for attendance at
                  Board meetings and committee meetings recorded on the
                  quarterly statements of Board compensation for the four full
                  calendar quarters immediately preceding the date of the Change
                  in Control."

         IN WITNESS WHEREOF, Bowater Incorporated has caused this First
Amendment to be executed by a duly authorized member of the Executive Committee
of the Board of Directors as of this 9th day of June, 2000.

                                            BOWATER INCORPORATED

                                            Executive Committee of the Board
                                            of Directors

                                            By:      /s/ Arnold M. Nemirow
                                                     ---------------------------
                                                     Arnold M. Nemirow


                                            Date Signed:   September 13, 2000
                                                           ------------------
Order entered August 15, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00479-CV

SHARLET O. MITCHELL, ET AL., Appellants

V.

NUGGEHALI NEIL SATYU, M.D., ET AL., Appellees

On Appeal from the County Court at Law No. 4

Dallas County, Texas

Trial Court Cause No. CC-13-03855-D

ORDER

Before the Court is appellee Nuggehali Satyu, M.D.’s August 13, 2014 unopposed motion 

for an extension of time to file a brief. We GRANT appellee’s motion. Appellee Nuggehali Satyu, 

M.D. shall file his brief on or before September 8, 2014. We caution appellee that no further 

extension of time will be granted in this accelerated appeal absent extraordinary circumstances. 

/s/ ADA BROWN 

JUSTICE
II

106TH CONGRESS

1ST SESSION S. 232

To amend title XVIII of the Social Security Act to provide improved reimbursement for clinical social worker services under the Medicare program,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend title XVIII of the Social Security Act to provide

improved reimbursement for clinical social worker services under the Medicare program, 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. IMPROVED REIMBURSEMENT FOR CLINICAL

4 SOCIAL WORKER SERVICES UNDER MEDI5 CARE.

6 (a) IN GENERAL.—Section 1833(a)(1)(F)(ii) of the

7 Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is

8 amended to read as follows: ‘‘(ii) the amount determined

9 by a fee schedule established by the Secretary,’’.
2

•S 232 IS

1 (b) DEFINITION OF CLINICAL SOCIAL WORKER

2 SERVICES EXPANDED.—Section 1861(hh)(2) of the Social

3 Security Act (42 U.S.C. 1395x(hh)(2)) is amended by

4 striking ‘‘services performed by a clinical social worker (as

5 defined in paragraph (1))’’ and inserting ‘‘such services

6 and such services and supplies furnished as an incident

7 to such services performed by a clinical social worker (as

8 defined in paragraph (1))’’.

9 (c) CLINICAL SOCIAL WORKER SERVICES NOT TO

10 BE INCLUDED IN INPATIENT HOSPITAL SERVICES.—Sec11 tion 1861(b)(4) of the Social Security Act (42 U.S.C.

12 1395x(b)(4)) is amended by striking ‘‘and services’’ and

13 inserting ‘‘clinical social worker services, and services’’.

14 (d) TREATMENT OF SERVICES FURNISHED IN INPA15 TIENT SETTING.—Section 1832(a)(2)(B)(iii) of the Social

16 Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended

17 by striking ‘‘and services’’ and inserting ‘‘clinical social

18 worker services, and services’’.

19 (e) EFFECTIVE DATE.—The amendments made by

20 this section shall apply to payments made for clinical so21 cial worker services furnished on or after January 1, 2000.

Æ
**Exhibit 31.2**

 

**RULE 13a-14(a)/15d-14(a)CERTIFICATION,**

**AS ADOPTED PURSUANT TO SECTION 302**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Peter E. Simonsen, certify that: 

 

1. I have reviewed this report on Form 10-Q of Beverly National Corporation; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about the effectiveness of disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors: 

 

a) all significant deficiencies and material weakness in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controlover financial reporting. 

 

Date: November 12,2003
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<ARTICLE> 5
<LEGEND>
The schedule contains certain summary financial information extracted from the
Company's financial statements and notes thereto and is qualified in its
entirety by reference to such financial statements.  The Company files an
unclassified balance sheet, certain line items are not applicable.  All values
except share amounts are in thousands.
</LEGEND>
<MULTIPLIER> 1,000
       
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