alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Robin Diggs, Appellant.

[772 NYS2d 550]

*396Appeal by the defendant from a judgment of the County Court, Westchester County (Dickerson, J.), rendered October 1, 2002, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The defendant’s contention that showup identifications made at the crime scene by the complainant and an eyewitness were unduly suggestive is without merit *(see People v Duuvon,*77 NY2d 541, 543-545 [1991]; *People v Williams,*299 AD2d 569 [2002]; *People v Safford,*297 AD2d 828 [2002]). The defendant’s further contention that these showup identifications, made subsequent to an initial showup identification by another witness, should have been suppressed in the absence of exigent circumstances is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Gonzalez,*55 NY2d 887, 888 [1982]; *People v Martin,*50 NY2d 1029, 1031 [1980]). In any event, the initial showup identification made by a man on a bicycle, who did not witness the crime but came upon the scene immediately thereafter and pursued the defendant, did not negate the existence of exigent circumstances *(see People v Duuvon, supra,*at 545; *People v Sturgis,*199 AD2d 549, 550 [1993]). Hence, the hearing court correctly permitted the prosecutor to elicit evidence of the subsequent identifications.

The testimony of a police officer that an eyewitness identified the defendant at the later showup did not constitute impermissible bolstering since the eyewitness could not positively identify the defendant in court on the basis of his present recollection *(see*CPL 60.25 [1] [a] [iii]; *People v Ortiz,*253 AD2d 710 [1998]; *People v Johnson,*196 AD2d 765 [1993]; *cf. People v Bayron,*66 NY2d 77, 81 [1985]). Ritter, J.P., Santucci, Adams and Crane, JJ., concur.
<PAGE>   1




                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement
(Form S-3 No. 333-14463) of ShoLodge, Inc. pertaining to senior subordinated
notes and the related Prospectus, the Registration Statement (Form S-8 No.
33-52092) pertaining to the 1991 Stock Option Plan, and in the related
Prospectus, the Registration Statement (Form S-8 No. 333-29881) pertaining to
the 1991 Stock Option Plan, as amended and the related Prospectus and the
Registration Statement (Form S-3 No. 33-77910) pertaining to the convertible
subordinated debentures due 2004 and the related prospectus of our report dated
March 17, 2000 with respect to the consolidated financial statements and
schedules of ShoLodge, Inc. included in the Annual Report (Form 10-K) for the
year ended December 26, 1999.



                                                  ERNST & YOUNG LLP


Atlanta, Georgia
March 23, 2000
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-11579

Caterpillar Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions.

pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Page 10869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4803]



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


DEPARTMENT OF THE INTERIOR

Pea Ridge National Military Park Advisory Team; Meeting

    Notice is hereby given in accordance with the Federal Advisory 
Committee Act that a meeting of the Pea Ridge National Military Park 
Advisory Team will be held at 6:00 p.m., on Thursday, March 16, 1995, 
in the park visitor center auditorium, 15930 Highway 62, Garfield, 
Arkansas.
    The Pea Ridge National Military Park Advisory Team was established 
under authority of section 3 of Public Law 91-383 (16 U.S.C. 1a-2(c)) 
to provide a forum for dialogue between community representatives and 
the Pea Ridge National Military Park on management issues affecting the 
park and the community.
    The matter to be discussed at this meeting includes:

--Boundary Study

    The meeting will be open to the public. However, facilities and 
space for accommodating members of the public are limited, and persons 
will be accommodated on a first-come-first served basis. Any member of 
the public may file a written statement concerning the matters to be 
discussed with the superintendent, Pea Ridge National Military Park.
    Persons wishing further information concerning this meeting, or who 
wish to submit written statements may contact Steve Adams, 
Superintendent, Pea Ridge National Military Park, P.O. Box 700, Pea 
Ridge, AR 72751-0700, Telephone 501/451-8122.
    Minutes of the meeting will be available for public inspection four 
weeks after the meeting at the office of Pea Ridge National Military 
Park.

    Dated: February 21, 1995.
Jerry Rogers,
Regional Director, Southwest Region.
[FR Doc. 95-4803 Filed 2-27-95; 8:45 am]
BILLING CODE 4310-70-M
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- Scofield, Steven - Steve
- Plant Diseases (303)

Research Project: **Location:
                            Crop Production and Pest Control Research** Project Number: 5020-21220-014-014-S
                        
                        Project Type: Non-Assistance Cooperative Agreement Start Date: Sep 1, 2020
                        
                        End Date: Aug 31, 2024 **Objective:**
                        
                        Characterize the substrate specificity of the Fg effector proteases. Identification of cleavage site sequences for each of the candidate proteases will be determined using a high-throughput, yeast-based system. In parallel, we will also test whether the candidate Fg proteases are required for virulence. **Approach:**
                        
                        The cooperator will utilize bioinformatics to identify candidate effector proteases secreted by Fusarium graminearum during pathogenesis. Knockout mutations with then be created in the candidate fungal effector protease genes and the resultant mutants will be tested for loss of virulence in Fusarium head blight assays.


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                            WhiteHouse.gov
[No. 24815.

Department Two.

March 19, 1934.]

#### Floyd B. Sterrett, *as Receiver, Respondent,*v. Deer Park Lumber Company, Appellant.1

*Alex M. Winston, Roberts & Roberts,*and *Walter V. Swanson,*for appellant.

*LaBerge, Cheney & Hutcheson,*for respondent.

1

 Reported in 30 P. (2d) 667.

Per Curiam.

— This is a companion case to that of *Sterrett, v. White Pine Sash Company, ante*p. 663, and upon the authority of that case, the judgment will be affirmed.
Exhibit 99.01

                          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 International BioChemical Industries,
Inc. (the "Company") on Form 10-QSB for the fiscal period ended September 30,
2002 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Timothy C. Moses, Chief Executive 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.

                                      /s/ Timothy C. Moses
                                      ______________________________________
                                      International BioChemical Industries, Inc.
                                      Chief Executive Officer
                                      November 14, 2002
[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Notices]
[Page 12551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5475]



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

DEPARTMENT OF ENERGY
[Docket No. RP95-174-000]


Texas Eastern Transmission Corp.; Proposed Changes in FERC Gas 
Tariff

March 1, 1995.
    Take notice that on February 27, 1995, Texas Eastern Transmission 
Corporation (Texas Eastern), tendered for filing as part of its FERC 
Gas Tariff, Sixth Revised Volume No. 1, the following tariff sheets, 
with a proposed effective date of April 1, 1995:
Second Revised Sheet No. 139
Second Revised Sheet No. 140
Second Revised Sheet No. 141
Second Revised Sheet No. 142
Second Revised Sheet Nos. 143-155

    Texas Eastern states that the filing is submitted pursuant to 
Section 15.2(G), Transition Cost Tracker, of the General Terms and 
Conditions of Texas Eastern's FERC Gas Tariff, Sixth Revised Volume No. 
1, pursuant to Order No. 528, et seq., and as a limited application 
pursuant to Section 4 of the Natural Gas Act, 15 U.S.C. Section 717c 
(1988), and the Rules and Regulations of the Federal Energy Regulatory 
Commission (``Commission'') promulgated thereunder.
    Texas Eastern states that the purpose of the filing is (1) to 
recover approximately $4.5 million of Order No. 636 transition costs 
incurred by upstream pipelines and flowed through to Texas Eastern; (2) 
to recover approximately $163,000 in costs incurred by Texas Gas 
Transmission Corporation (Texas Gas) and flowed through to Texas 
Eastern pursuant to Order No. 528, et seq.; and (3) to flow through a 
refund of approximately $119,000 of Order No. 528 costs received by 
Texas Eastern from Texas Gas pursuant to Texas Gas' settlement in 
Docket Nos. RP91-100, et al.
    Texas Eastern states that carrying charges pursuant to Section 
154.305 of the Commission's Regulations are included from the date of 
payment of the costs to the projected date of payment by the customers 
and also from the date of receipt of the refund by Texas Eastern to the 
projected date of refund to the customers.
    Texas Eastern states that copies of the filing were served on all 
firm customers of Texas Eastern and applicable state regulatory 
agencies.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C. 
20426, in accordance with Sec. 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions or protests should be filed on 
or before March 8, 1995. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceeding. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 95-5475 Filed 3-6-95; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET, STATEMENT OF OPERATIONS AND STATEMENT OF CASH FLOWS INCLUDED IN THE
COMPANY'S FORM 10-Q FOR THE PERIOD ENDING MARCH 31, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                          79,120
<SECURITIES>                                         0
<RECEIVABLES>                                    7,488
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                90,002
<PP&E>                                          12,656
<DEPRECIATION>                                   6,748
<TOTAL-ASSETS>                                  96,758
<CURRENT-LIABILITIES>                           20,184
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            38
<OTHER-SE>                                      76,161
<TOTAL-LIABILITY-AND-EQUITY>                    96,758
<SALES>                                              0
<TOTAL-REVENUES>                                67,401
<CGS>                                                0
<TOTAL-COSTS>                                      500
<OTHER-EXPENSES>                                33,083
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 36,899
<INCOME-TAX>                                    14,809
<INCOME-CONTINUING>                             22,090
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    22,090
<EPS-BASIC>                                        .58
<EPS-DILUTED>                                      .55


</TABLE>
#### G. E. ASHLEY v. A. G. MILLER.

(Filed 10 May, 1933.)

Appeal by defendant from *Sink, J.,*at December Term, 1932, of Watauga.

No error.

*Burke & Burke and T. E. Bingham for plaintiff.*

*Newland & Townsend and Trivette & Holshouser for defendant.*

Pee Cueiajm.

The plaintiff brought suit to recover $1,350 with interest, the aggregate amount of eight notes executed by the defendant to the plaintiff in part payment of a stock of goods. The defendant admitted the execution of the notes and pleaded fraudulent representation as to the quality and quantity of the goods as a defense to the action.

The execution and delivery of the notes made a prima facie case for the plaintiff and barred dismissal of the suit; and the defendant's testimony fails to show any actionable fraud on the part of the plaintiff. The defendant took charge of the goods, employed a “specialty man” to assist in marking and selling- them, had opportunity to discover any defects, had been in the business about fifteen years, conducted a ten-day sale, and after the sale was concluded settled with the plaintiff and executed the notes. We find no reversible error in the court’s instructions to the jury, in the admission or rejection of evidence, or in permitting the complaint to be verified.

No error.
<PAGE>

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 Aethlon Medical, Inc. Annual Report on Form 10-KSB for
the year ended March 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof, I, James A. Joyce, Chief Executive 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, to the best of my
knowledge:

1. Such annual 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 such Annual Report on Form 10-KSB fairly
presents, in all material respects, the financial condition and results of
operations of Aethlon Medical, Inc.

Date: June 29, 2004.

By:         /s/ James A. Joyce
            James A. Joyce
            Chief Executive Officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Aethlon Medical, Inc. and will be
retained by Aethlon Medical, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
<PAGE>   1
                      [BIOSHIELD TECHNOLOGIES LETTERHEAD]



January 10, 2000



Avi Mirman
White Capital Group, Ltd.
249-14 39th Avenue
Little Neck, New York 11363



Dear Avi,

As per the original consulting agreement between BioShield Technologies, Inc.
and White Capital Group, Ltd., amendments to the strike prices of stock options
granted to White Capital Group are as follows:

                            25,000 @  $5.00 per share
                            30,000 @  $8.00 per share
                            30,000 @ $12.50 per share
                            50,000 @ $17.00 per share

Beginning February 1, 2000, BioShield Technologies, Inc. intends to retain your
services as the Company's Investor Relations Advisor for which you will receive
a fee of $10,000 per month pursuant to a contract negotiated by a Designated
Officer.

BioShield Technologies, Inc. agrees to make these changes in the registration
statement of the next Q period. The Company also intends to amend the agreement
with White Capital Group and award, at the Company's sole discretion, up to
50,000 options of eMD.com at the strike price of $4.67/share.

On behalf of BioShield Technologies, Inc., I would like to thank you for your
efforts. Should you have any questions, please feel free to contact me.

Sincerely,



/s/ Timothy C. Moses
------------------------------------
Timothy C. Moses
President and CEO

TCM:mh



                5655 Peachtree Parkway, Norcross, Georgia 30092
                      Phone: 770-246-2000 Fax:770-368-0784
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE FINANCIAL
STATEMENTS FOR THE FISCAL YEAR ENDED DECEMBER 26, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-26-1999
<PERIOD-START>                             DEC-28-1998
<PERIOD-END>                               DEC-26-1999
<CASH>                                       3,386,937
<SECURITIES>                                         0
<RECEIVABLES>                               16,575,296
<ALLOWANCES>                                   459,869
<INVENTORY>                                          0
<CURRENT-ASSETS>                            25,926,269
<PP&E>                                     148,698,134
<DEPRECIATION>                              23,821,643
<TOTAL-ASSETS>                             270,313,913
<CURRENT-LIABILITIES>                       13,271,486
<BONDS>                                    125,550,557
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                  90,877,339
<TOTAL-LIABILITY-AND-EQUITY>               270,313,913
<SALES>                                     66,187,974
<TOTAL-REVENUES>                            81,573,902
<CGS>                                                0
<TOTAL-COSTS>                               85,500,415
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          12,136,415
<INCOME-PRETAX>                              4,054,314
<INCOME-TAX>                                 1,909,000
<INCOME-CONTINUING>                          2,145,314
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              2,393,512
<CHANGES>                                            0
<NET-INCOME>                                 4,538,826
<EPS-BASIC>                                       0.70
<EPS-DILUTED>                                     0.67


</TABLE>