alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for publication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5



### IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6



### WILLIAM E. DAVIDSON and 7 

### SHARYN N. DAVIDSON, 8 

### Plaintiffs-Appellants, 9



### v. NO. 29,586 10 

### ROGER J. KURUCZ, individually, 11 

### and as Trustee of the ROGER J. KURUCZ 12 

### REVOCABLE LIVING TRUST, 13 

### Defendant-Appellee. 14



### APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 15 

### Ted Baca, District Judge 16 

### Albuquerque Advocates, P.C. 17 

### Darryl W. Millet 18 

### Albuquerque, NM 19 

### for Appellants 20 

### Law Offices of Segal & Whittaker, LLP 21 

### Jeannette Martinez Whittaker 22 

### Albuquerque, NM 23 

### for Appellee 242 

### MEMORANDUM OPINION 1 

### WECHSLER, Judge. 2 

### Summary affirmance was proposed for the reasons stated in the notice of 3 

### proposed disposition. No memorandum opposing summary affirmance has been filed, 4 

### and the time for doing so has expired. 5 

### Affirmed. 6 

### IT IS SO ORDERED. 7



### _______________________________ 8 

### JAMES J. WECHSLER, Judge 9 

### WE CONCUR: 10



### _______________________________ 11 

### CELIA FOY CASTILLO, Judge 12



### _______________________________ 13 

### MICHAEL E. VIGIL, Judge 14
#### LEWIS A. SHINN v. ETHEL WILLEFORD SHINN.

(Filed 23 November, 1960.)

Appeal by plaintiff from *Preyer, J.,*August 1960 Term, CabaRRUs Superior Court.

Civil action instituted by the plaintiff on July 12, 1960, for absolute divorce on the grounds of more than two years separation. The complaint alleged the residence of the parties, their marriagé on November 22, 1923, the birth of three children, all of whom are now of age, the separation of the parties in 1944 or 1945.

After the service of process on the defendant,. Ethel Willeford Shinn, her physician, Dr. F. Lee Nance, made an affidavit that the defendant was, and has been since 1958, suffering from multiple sclerosis andi diabetes mellitus from which she is “progressively going downhill ... In my opinion Mrs. Shinn is neither physically nor mentally capable of defending an action against her in any court. It is doubtful whether she could physically attend court.” Upon this affidavit the clerk superior court made an order appointing Katherine Shinn Barringer as guardian *ad litem*to defend the action.

The guardian *ad litem*filed answer in which she alleged: (1) The plaintiff abandoned the defendant in 1945 and since that time has failed and refused to provide the defendant with any support whatever. (2) The plaintiff is able-bodied and regularly employed' and amply able to support the defendant. The guardian *ad litem,*in behalf of her ward, asked the court to allow temporary alimony and counsel fees and, after hearing, to make a permanent award.

The plaintiff filed a reply to the claim of alimony, counsel fees, etc., denied the material allegations, and entered a plea of the three-years and ten-years statutes of limitations in bar of the claim.

The court, after notice and hearing, awarded alimony *pendente*
      *427
      *lite*and counsel fees. From this order the plaintiff prosecutes this appeal.

*B. W. Blackwelder, for plaintiff, appellant.*

*Bedford W. Black and James E. Roberts, by James E. Roberts, for defendant, appellee.*

PeR CüRiam.

The superior court, after notice and hearing, entered an order allowing alimony *pendente lite*and counsel fees. The showing was sufficient to support the order. Other questions must await the final hearing.

Affirmed.
Electronically Filed Intermediate Court of Appeals CAAP-13-0001719 24-SEP-2015 12:01 PM
[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Sunshine Act Meetings]
[Page 2625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-638]



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


AGENCY HOLDING THE MEETING: Nuclear Regulatory Commission.

DATE: Weeks of January 9, 16, 23, and 30, 1995.

PLACE: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, 
Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED:

Week of January 9

Thursday, January 12

10:00 a.m.
    Briefing on Status of Activities with the Center for Nuclear 
Waste Regulatory Analysis (CNWRA) (Public Meeting) (Contact: Shirley 
Fortuna, 301-415-7804)
11:30 a.m.
    Affirmation/Discussion and Vote (Public Meeting) (if needed)
2:00 p.m.
    Briefing by ICRP/NCRP on the Principles of Radiological 
Protection and Their Application in Setting Limits and Constraints 
for the Public from Radiation Sources (Public Meeting)

Week of January 16--Tentative

Tuesday, January 17

10:00 a.m.
    Briefing by Executive Branch (Closed--Ex. 1)

Week of January 23--Tentative

Wednesday January 25

11:30 a.m.
    Affirmation/Discussion and Vote (Public Meeting) (if needed)

Week of January 30--Tentative

Wednesday February 1

10:00 a.m.
    Briefing by Organization of Agreement States (Public Meeting)
2:00 p.m.
    Briefing on Core Shroud Issues (Public Meeting)

Thursday February 2

2:00 p.m.
    Briefing On NRC's Initiatives On Responsiveness To The Public 
(Public Meeting)
3:30 p.m.
    Affirmation/Discussion And Vote (Public Meeting) (if needed)

Friday February 3

10:00 a.m.
    Periodic Briefing On Operating Reactors And Fuel Facilities 
(Public Meeting)
2:00 p.m.
    Briefing On Advanced Reactor Technical Issues (Public Meeting)

    Note: Affirmation sessions are initially scheduled and announced 
to the public on a time-reserved basis. Supplementary notice is 
provided in accordance with the Sunshine Act as specific items are 
identified and added to the meeting agenda. If there is no specific 
subject listed for affirmation, this means that no item has as yet 
been identified as requiring any Commission vote on this date.

    The schedule for Commission meetings is subject to change on short 
notice.

TO VERIFY THIS STATUS OF MEETINGS CALL: (Recording)--(301) 415-1292.

CONTACT PERSON FOR MORE INFORMATION: Dr. Andrew Bates (301) 415-1963.

    Dated: January 5, 1995.
Andrew L. Bates,
Chief, Operations Branch, Office of the Secretary.
[FR Doc. 95-638 Filed 1-6-95; 10:15 am]
BILLING CODE 7590-01-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2434

Braeburn Systems LLC: 

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 published at 

83 FR 67463 (‘the exclusion notice’) and posted on the USTR website, at

https://ustr.gov/sites/default/files/enforcement/301Investigations/2018-28277.pdf.

The scope of your exclusion is governed by the scope of the formal HTSUS product 

description in the Annex to the 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,

Stephen P. Vaughn

General Counsel
[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Page 13368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5659]



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



ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[WI44-02-6881; FRL-5168-4]


Designation of Areas for Air Quality Planning Purposes; 
Wisconsin; Redesignation of Oshkosh, Wisconsin, to Attainment for 
Carbon Monoxide; Correction

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule, correction.

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

SUMMARY: On August 17, 1994 the USEPA published a final rule approving 
the redesignation Oshkosh, Wisconsin to attainment status for carbon 
monoxide (59 FR 42168). The supplementary information to the final rule 
included several typographical errors, and the final rule incorrectly 
listed the date the rule was to take effect. This correction clarifies 
the intent of the supplementary information and provides the correct 
effective date of October 17, 1994.

    The USEPA regrets any inconvenience caused by these errors.


EFFECTIVE DATE: This correction is effective March 13, 1995.


FOR FURTHER INFORMATION CONTACT: Megan Beardsley, Environmental 
Scientist, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), U.S. Environmental Protection Agency, Region 5, 
Chicago, Illinois 60604, (312) 886-0669.

SUPPLEMENTARY INFORMATION:

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: February 10, 1995.

David A. Ullrich,

Acting Regional Administrator.

Correction of Publication

    Accordingly, the final rule published on, August 17, 1994 at 59 FR 
42168 FR Doc. 94-20172, is corrected as follows:

    1. On page 42169 of the final rule, at the top of the first column, 
the ``Action'' heading is incorrectly labelled as ``C;'' the correct 
label is ``B.'' In the same column, the ``Miscellaneous'' heading is 
labelled as ``IV;'' the correct label is ``III.'' Similarly, in column 
two, the ``Petitions for Judicial Review,'' heading is labelled as 
``D;'' the correct label is ``C.''

Sec. 81.350  [Corrected]

    2. On page 42169, in Sec. 81.350, in the Wisconsin carbon monoxide 
table, in the entry for ``Winnebago County'' the designation date in 
column 2 and the classification date in column 4 are corrected to read 
``October 17, 1994''.

[FR Doc. 95-5659 Filed 3-10-95; 8:45 am]

BILLING CODE 6560-50-P
EXHIBIT
      32




**Certifications
      of Chief Executive Officer and Chief Financial Officer**









Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, each of the undersigned officers of LMI Aerospace,
      Inc., a Missouri corporation (the “Company”), does hereby certify that, to the
      best of his knowledge:




The
      Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2005
      (the “Form 10-Q”) of the Company fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and the information
      contained in the Form 10-Q fairly presents, in all material respects, the
      financial condition and results of operations of the Company.




Date:
                November 11, 2005
            /s/
                Ronald S. SaksRonald
                S. SaksPresident
                and Chief Executive OfficerDate:
                November 11, 2005
            /s/
                Lawrence E. DickinsonLawrence
                E. DickinsonSecretary
                and Chief Financial Officer





This
      certification is being furnished to the Securities and Exchange Commission
      with
      this Quarterly Report on Form 10-Q pursuant to and solely for purposes of 18
      U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act
      of 2002 and shall not be, except as to the extent required by such Act, deemed
      filed by the Company for purposes of Section 18 of the Securities Exchange
      Act
      of 1934, as amended.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      LMI Aerospace, Inc. and will be retained by LMI Aerospace, Inc. and furnished
      to
      the Securities and Exchange Commission or its staff upon
      request.
EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the Registration Statements on
Forms S-3 (No. 333-106608, No. 333-108924, No. 333-10754, No. 333-110752, No.
333-82496, No. 333-91225, No. 333-91235 and No. 333-17105) and Forms S-8 (No.
333-109595 and No. 333-82410) of SpatiaLight, Inc. of our report dated October
17, 2005 relating to the consolidated balance sheets of SpatiaLight, Inc. and
its subsidiaries as of December 31, 2004 and 2003, and the related consolidated
statements of operations, stockholders' equity (deficit), and cash flows for
each of the three years in the period ended December 31, 2004, and our report
dated March 2, 2005 relating to SpatiaLight, Inc. management's assessment of the
effectiveness of internal control over financial reporting as of December 31,
2004, and the effectiveness of internal control over financial reporting of
SpatiaLight, Inc. as of December 31, 2004, which reports are included in this
Annual Report on Form 10-K/A Amendment No. 5.


                                /s/ ODENBERG, ULLAKKO, MURANISHI & CO. LLP

San Francisco, California
October 24, 2005
Ex-99.2 a)


As of and for the year ended December 31, 1999, Cendant Mortgage Corporation
(the Company) has complied in all material respects with the minimum servicing
standards set forth in the Mortgage Bankers Association of America's UNIFORM
SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS. As of and for this same period,
the Company had in effect a fidelity bond and errors and omissions policy in the
amount of $100 million and $50 million, respectively.


Cendant Mortgage Corporation



/s/ Terence W. Edwards                               /s/ Martin Foster
---------------------------                          --------------------------
Terence W. Edwards                                   Martin Foster
President and Chief Executive Officer                Vice President -
                                                     Servicing Management Group
#### PASQUOTANK HOSIERY COMPANY v. HEMPHILL COMPANY.

(Filed 2 March, 1938.)

1. Sales § 18 — —*

Testimony by the president of the purchasing company that the company had paid the purchase price after discovery of every defect complained of, precludes recovery for breach of warranty and for failure to furnish necessary parts when needed.

2. Sales § 20 — When purchaser’s own evidence does not admit liability for purchase price, directed verdict for seller is error.

A directed verdict for the seller on its counterclaim for the purchase price of needles in the purchaser’s action for breach of warranty, is error when the purchaser’s testimony contains no admission of liability for the purchase price of the needles, the burden of proof on the issue being on the seller.

*3.*Trial § 27—

Ordinarily, a verdict may not be directed in favor of the party having the burden of proof.

Appeal by plaintiff from *Parker, J.,*at November Term, 1937, of PASQUOTANK.

Civil action to recover (1) for alleged breach of contract in the sale or reconditioning of hosiery knitting .machines, and (2) for failure to furnish necessary parts when needed.

The defendant interposed a counterclaim (1) for balance due on said machines, and (2) for quantity of needles shipped at the same time.

The president of plaintiff company testified on cross-examination: “We paid them every penny of the purchase price for all sixty machines except $528.00. The reason we held that out was not on account of any defects in the machines, but because we claim that they had wrongfully charged us for needles. . . . We paid for the machines after we discovered every defect about them I have testified to on this stand— that is to say, we paid all except $528.00 which we held back for needles.”

There was a directed verdict against the plaintiff on both of its causes of action and in favor of defendant on its counterclaim. Exception.

From judgment on the verdict, peremptorily instructed, plaintiff appeals, assigning errors.

*John H. Hall and M. B. Simpson for plaintiff, appellant.*

*McMullan & McMullan for defendant, appellee.*

Stacy, C. J.

The case was tried upon plaintiff’s evidence, which fails to make out either cause of action as alleged in the complaint. *165
      *Parker v. Fenwick,*138 N. C., 209, 50 S. E., 627, but it would, seem that tbe issues raised by tbe counterclaim should have been submitted to tbe jury. There is no admission in plaintiff’s testimony of liability for tbe needles.

Moreover, it is seldom that a verdict can properly be directed in favor of tbe party upon whom rests tbe burden of proof. *Reed v. Madison County, ante,*145.

Tbe plaintiff is entitled to a new trial on tbe issues relating to tbe counterclaim.

Partial new trial.
EXHIBIT 23.01

CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-24867, 333-45701,
333-65027 and 333-92819) of MERANT plc pertaining to the employee share plans named on the facing sheets thereof of our report dated 25 October 2002, with respect to the
consolidated financial statements of MERANT plc included in the Annual Report (Form 20-F) for the year ended April 30, 2003.

Ernst &
Young LLP
Reading, England
23 October 2003

---

QuickLinks
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-1984

Westool Corporation:

This letter concerns the above-referenced exclusion request submitted pursuant to the 

notice published at 83 FR 32181 (‘July 11 notice’). I am pleased to notify you that although 

your individual request previously had been denied, the United States Trade Representative – in 

response to other requests – has determined to grant an exclusion that covers the product 

described in your request. This 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/12.21.18_Notice_of_Product_E

xclusions.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 responsive to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

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,

Stephen P. Vaughn

General Counsel
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- Ostoja, Steven
- Soil and Air (212)
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- Sustainable Agricultural Systems Research (216)

Research Project: **Location:
                            Sustainable Agricultural Water Systems Research** Project Number: 2032-12610-002-004-I
                        
                        Project Type: Interagency Reimbursable Agreement Start Date: Aug 16, 2021
                        
                        End Date: Aug 15, 2026 **Objective:**
                        
                        To design and lead workshops/webinars that result in a better understand and potential application (use) of various decisions support tools for forest management in California. **Approach:**
                        
                        We will hold either in person or virtual webinars to promote and educate end users (primary audience is USFS) on various data-based decision support tools for forest managers.


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