alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
219 La. 576

#### DIEZ v. DIEZ.

No. 39764.

Supreme Court of Louisiana.

May 28, 1951.

Rehearing Denied June 29, 1951.

Walter Lemann, Sidney A. Marchand, Sr., and Glynn A. Long, Donaldsonville, for defendant-appellant.

Blanchard & Blanchard, Donaldsonville, for plaintiff-appellee.

MOISE, Justice.

Defendant, George Diez, Jr., prosecutes this appeal from a judgment of the district court which granted Mrs. Parilee Roddy Diez, his third wife, a divorce, a vinculo matrimonii, on the grounds of adultery alleged to have been committed by defendant in the early morning of July 31, 1949. The judgment also awarded to plaintiff $35 per month as alimony, and $200 as attorney’s fees. Defendant has appealed.

The sole question before us is one of fact: Does the evidence in the record justify our finding of manifest error in the trial court’s judgment that defendant-appellant was guilty of adultery?

There is the usual conflict of testimony. Plaintiff-appellee produced three witnesses, one of whom was her mother and the other two of whom were neighbors, who testified that they and the plaintiff followed appellant to his home from a night club in the early hours of the morning of July 31, 1949, and they saw first appellant, and then his ex-wife, go into appellant’s house (appellant and appellee had separated about a month previously), and embrace and kiss each other, that then the lights went out in the house and that the ex-wife failed to emerge for at least one hour and 30 minutes, whereupon, the observers departed. Defendant, on the other hand, *678denied that anyone was there with him, and his sister, Mrs. Bolt, testified that the ex-wife had slept with her that particular night at her, the sister’s home (they had all been at a dance); and the defendant’s brother testified that when he went to defendant’s home at 7 in the morning, defendant was alone. Another sister of defendant, Mrs. Harrison, testified that the ex-wife was in the home of Mrs. Bolt very early in the morning.

The evidence is conflicting and equally controversial. We must therefore draw on the experiences of the past, and look to the jurisprudence. The rule has been crystalized to the point of solid stabilization, that the judgment of a district court will not be disturbed on a question of fact unless manifestly erroneous. Lejeune v. Lejeune, 187 La. 339, 174 So. 643; Dessalles v. Tichenor, 189 La. 31, 179 So. 25; Barnes v. LeBlanc, 207 La. 989, 22 So.2d 404; Thornton v. Ellington, 209 La. 613, 25 So. 282 and Martin v. Martin, 212 La. 1092, 34 So.2d 329. The judge of the district court saw, heard, and observed the witnesses while on the stand. For this reason he is in a better position to weigh the credibility than we. We rest our opinion on this observation — we find no manifest error.

For the reasons assigned, the judgment appealed from is affirmed, defendant to pay all costs.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

# DATES:

Written comments should be received on or before November 17, 2008,  to be assured of consideration. 

## Internal Revenue Service (IRS) 

*OMB Number:*                     1545-XXXX.                 

*Type of Review:*                     New Collection Request.                 

*Title:*                     Rev Proc 2008-XX Exempt Organizations Voluntary Compliance Program (EOVCP).                 

*Description:*                     This information collection is needed to offer a voluntary compliance program of limited time to non-filers of Form 990 Series. The objective is to enhance voluntary compliance with respect to reporting and filing obligations under sections 26 U.S.C. 6033 and 6011 for entities exempt under 26 U.S.C. 501(a). The data collected will be used by the Tax Exempt and Government Entities division of the Internal Revenue Service to help certain exempt organizations meet their reporting and filing obligations.                 

*Respondents:*                     Not-for-profit institutions.                 

*Estimated Total Burden Hours:*                     30,000 hours.                 

*Clearance Officer:*                     Glenn P. Kirkland, (202) 622-3428, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224.                 

*OMB Reviewer:*                     Kimberly Nelson, (202) 395-3787, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503.                 

Robert Dahl, 

Treasury PRA Clearance Officer.

 [FR Doc. E8-24667 Filed 10-16-08; 8:45 am] 

BILLING CODE 4830-01-P
[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Notices]
[Page 52048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20964]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12281 and <greek-i>12282]


Washington Disaster <greek-i>WA-00027

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of an Administrative declaration of a 
disaster for the State of WASHINGTON dated 08/17/2010.
    Incident: Lynnview Apartment Complex Fire.
    Incident Period: 08/09/2010.
    Effective Date: 08/17/2010.
    Physical Loan Application Deadline Date: 10/18/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 05/17/2011.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's disaster declaration, applications for disaster 
loans may be filed at the address listed above or other locally 
announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:
Primary Counties: Snohomish.
Contiguous Counties: Washington: Chelan, Island, King, Skagit.
    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
Homeowners With Credit Available Elsewhere...................      5.000
Homeowners Without Credit Available Elsewhere................      2.500
Businesses With Credit Available Elsewhere...................      6.000
Businesses Without Credit Available Elsewhere................      4.000
Non-Profit Organizations With Credit Available Elsewhere.....      3.625
Non-Profit Organizations Without Credit Available Elsewhere..      3.000
For Economic Injury
Businesses & Small Agricultural Cooperatives Without Credit        4.000
 Available Elsewhere.........................................
Non-Profit Organizations Without Credit Available Elsewhere..      3.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 12281 5 
and for economic injury is 12282 0.
    The State which received an EIDL Declaration <greek-i> is 
Washington.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

    Dated: August 17, 2010.
Karen G. Mills,
Administrator.
[FR Doc. 2010-20964 Filed 8-23-10; 8:45 am]
BILLING CODE 8025-01-P
**Exhibit 32(b)**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Hickory Tech Corporation(HickoryTech) on Form 10-Q for the period ending June 30, 2005 asfiled with the Securities and Exchange Commission on the date hereof (theReport), I, David A. Christensen, Chief Financial Officer of HickoryTech,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002 that:

 

(1)                                  TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

 
| /s/ David A. Christensen |   |
|--------------------------|--------|
| David A. Christensen     |
| Chief Financial Officer  |
| August 4, 2005      |

 

----
II 

Calendar No. 299 

110TH CONGRESS 

1ST SESSION S. 1772 

To designate the facility of the United States Postal Service located at 

127 South Elm Street in Gardner, Kansas, as the ‘‘Private First Class 

Shane R. Austin Post Office’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2007 

Mr. ROBERTS (for himself and Mr. BROWNBACK) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

AUGUST 1, 2007 

Reported by Mr. LIEBERMAN, without amendment 

A BILL 

To designate the facility of the United States Postal Service 

located at 127 South Elm Street in Gardner, Kansas, 

as the ‘‘Private First Class Shane R. Austin Post Office’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


bajohnson on PROD1PC69 with BILLS
2 

•S 1772 RS

1 SECTION 1. PRIVATE FIRST CLASS SHANE R. AUSTIN POST 

2 OFFICE. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 127 South Elm Street in Gard5 ner, Kansas, shall be known and designated as the ‘‘Pri6 vate First Class Shane R. Austin Post Office’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the facility referred to in subsection (a) shall 

10 be deemed to be a reference to the ‘‘Private First Class 

11 Shane R. Austin Post Office’’. 


bajohnson on PROD1PC69 with BILLS

bajohnson on PROD1PC69 with BILLS
Calendar No. 299 

110TH CONGRESS 

1ST SESSION S. 1772 

A BILL 

To designate the facility of the United States PostShane R. Austin Post Office’’. Gardner, Kansas, as the ‘‘Private First Class al Service located at 127 South Elm Street in 

AUGUST 1, 2007 

Reported without amendment 


bajohnson on PROD1PC69 with BILLS
Exhibit 23.4

 

Consent of Independent Registered Public Accounting Firm

 

The Board of Directors

HSBC Electronic Data Processing (India) Private Limited

 

We consent to the incorporation by reference in the registration statements (No. 333-138404 and No. 333-138404-01) on Form S-3 of HSBC Private Label Credit Card Master Note Trust (USA) I of our attestation report dated March 3, 2008 with respect to HSBC Electronic Data Processing (India) Private Limited’s  (the Company) assessment of compliance with the servicing criteria set forth in 1122(d)(4)(viii) of the Securities and Exchange Commission’s Regulation ABapplicable to the servicing of asset backed securitization transactions backed by private label credit card receivables, as of and for the period from February 14, 2007 (date of issuance of the initial asset-backed securitization transaction covered by this report) through December 31, 2007. Management has determined that all other criteria set forth in Item 1122(d) are not applicable to the Company’s activities with respect toHSBC Private Label Credit Card Master Note Trust (USA) I relating to those criteria.  Our attestation report appears in the December 31, 2007 annual report on Form 10-K of HSBC Private Label Credit Card Master Note Trust (USA) I.  

 

/s/ KPMG LLP

 

Chicago, Illinois

March 24, 2008
#### The People of the State of New York, Respondent, v Alma Melara, Also Known as Brenda Melara, Appellant.

Appeal by the defendant from two judgments of the Supreme Court, Queens County (Cooperman, J.), both rendered May 16, 1988, convicting her of criminal sale of a controlled substance in the third degree (two counts; one as to each indictment), upon her pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, *Anders v Califor*nia, 386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Mangano, P. J., Kunzeman, Kooper, Sullivan and O’Brien, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### U.S. Customs and Border Protection 

# AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security. 

# ACTION:

Notice of approval of SGS North America, Inc., as a commercial gauger. 

# SUMMARY:

                        Notice is hereby given that, pursuant to 19 CFR 151.13, SGS North America, Inc., 2301 Brazosport Blvd., Suite A 915, Freeport, TX 77541, has been approved to gauge petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.13. Anyone wishing to employ this entity to conduct gauger services should request and receive written assurances from the entity that it is approved by the U.S. Customs and Border Protection to conduct the specific gauger service requested. Alternatively, inquiries regarding the specific gauger service this entity is approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to                         *cbp.labhq@dhs.gov*. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.                         *http://cbp.gov/​xp/​cgov/​import/​operations_​support/​labs_​scientific_​svcs/​commercial_​gaugers/​*

# DATES:

The approval of SGS North America, Inc., as commercial gauger became effective on May 18, 2007. The next triennial inspection date will be scheduled for May 2010. 

# FOR FURTHER INFORMATION CONTACT:

Commercial Gauger Laboratory Program Manager, Laboratories and Scientific Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-1060. 

Dated: January 31, 2008. 

Ira S. Reese, 

Executive Director, Laboratories and Scientific Services.

[FR Doc. E8-2436 Filed 2-11-08; 8:45 am] 

BILLING CODE 9111-14-P
#### The State, ex rel. The Sparta Ceramic Co., *v.*Lindsay, Judge.

(No. 25831

Decided February 26, 1936.)

*462
      *Messrs. Cable é Cable,*for relator.

*Messrs. Wilkin, Fisher $ Limbach,*for respondent.

This cause came on to be heard, and was argued by counsel, on the demurrer to the petition in which the relator seeks to prevent the respondent from hearing and determining a proceeding by the Muskingum Watershed Conservancy District, to condemn relator’s property as a part of that conservancy district, upon the ground that the respondent is disqualified because of having participated as a member of the Conservancy Court which created the conservancy district, adopted the official plan of the conservancy district and an amendment of such plan, and approved a tentative agreement between the conservancy district and the United States government to obtain real estate titles, and upon the ground that the respondent as judge of the Common Pleas Court has no jurisdiction of the condemnation proceeding prior to the report of the board of appraisers of the conservancy district, finding that relator’s property is desired and the appraised value thereof, and the approval and confirmation by the Conservancy Court of the report of such board of appraisers.

An adequate legal remedy is afforded relator by Section 1687, General Code, to determine the disqualification of the respondent to sit in the condemnation proceedings.

A writ of prohibition will not be issued to prevent an anticipated erroneous judgment where an adequate remedy is available by proceedings in error *(State, ex rel. Carmody,*v. *Justice, Judge,*114 Ohio St., 94, 150 N. E., 430), and such writ is not the substitute of a proceeding in error *(Silliman*v. *Court of Common Pleas of Williams County,*126 Ohio St., 338, 185 N. E., 420).

It is therefore ordered and adjudged that the writ *463of prohibition prayed for be, and the same hereby is, denied.

*Writ denied.*

Weygandt, C. J., Stephenson, Williams, Jones, Matthias, Day and Zimmerman, JJ., concur.
Exhibit  23.1

                         Independent Auditors' Consent


The Board of Directors
CardioDynamics International Corporation:


We consent to incorporation by reference in registration statements No. 333-
40969 on Form S-8 and Nos. 333-31275, 333-65331, 333-69669, 333-69663, 333-
69659, 333-86475, 333-88309, 333-88307, and 333-88311 on Form S-3 of
CardioDynamics International Corporation of our report dated January 17, 2000,
relating to the balance sheets of CardioDynamics International Corporation as of
November 30, 1999 and 1998, and the related statements of operations,
shareholders' equity (deficit), and cash flows for the years then ended, which
report appears in the November 30, 1999, annual report on Form 10-KSB of
CardioDynamics International Corporation.


                                                 /s/ KPMG LLP

San Diego, California
February 25, 2000
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This Schedule contains summary financial information extracted from the
consolidated Balance Sheets and consolidated Statements of Income found on page
2 to 4 of the company form 10-Q for the year-to-Date and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<MULTIPLIER>                                   1000

<S>                                            <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                           1,137
<SECURITIES>                                         0
<RECEIVABLES>                                   23,633
<ALLOWANCES>                                       299
<INVENTORY>                                      4,636
<CURRENT-ASSETS>                                70,690
<PP&E>                                          61,759
<DEPRECIATION>                                  26,123
<TOTAL-ASSETS>                                 116,445
<CURRENT-LIABILITIES>                           44,135
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            91
<OTHER-SE>                                      49,864
<TOTAL-LIABILITY-AND-EQUITY>                   116,445
<SALES>                                         74,300
<TOTAL-REVENUES>                                75,837
<CGS>                                           58,658
<TOTAL-COSTS>                                   69,207
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,804
<INCOME-PRETAX>                                  4,826
<INCOME-TAX>                                     1,924
<INCOME-CONTINUING>                              2,902
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      2902
<EPS-BASIC>                                         .32
<EPS-DILUTED>                                         .31



</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

AQUIL JOHNSON,

Petitioner

v.

MARK GARMAN, ET AL,

Respondent :

:

:

:

:

:

:

:

:

:

: No. 92 EM 2019

ORDER

PER CURIAM

AND NOW , this 25th day of November , 2019, the Application for Leave to File

Original Process is GRANTED, and the Petition for Writ of Habeas Corpus is DENIED.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

December 7, 2007 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 134445-6(100)(1 01)(102)(103) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, ERIC A. BRAVER MAN, Successor Justices Personal Representative of the Estate of Patricia Swann, Deceased, Plaintiff-Appellee,

v SC: 134445, 134446 COA: 264029, 264091 Wayne CC: 05-502345-NH GARDEN CITY HOSPITAL, a/k/a GARDEN CITY HOSPITAL, OSTEOPATHIC, Defendant, and

JOHN R. SCHAIRER, D.O., GARY YASHINSKY, M.D., ABHINA V. RAINA, M.D., and PROVIDENCE HOSPITAL AND MEDICAL CENTERS, INC., Defendants-Appellants.

________________ _______________ __________/

On order of the Court, the motion to correct the case caption and dismiss Docket No. 134446 is considered, and it is DENIED. Th e motion to strike the appellants' brief is
also DENIED because this C ourt's September 26, 2007 order granting leave to appeal only directed the parties to "include among the issues to be briefed" the issues specified in the order; there is nothing improper in parties endeavori ng to bring recent decisions to
the Court's attention. The mo tion to strike the appellan ts' appendix is also DENIED because MCR 7.307(A) does not specify a penalty for no ncompliance, and the Court is not persuaded that a ppellants' appendix is defective. The motio n to add issue is
DENIED.

l1204 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 7, 2007

Clerk