alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Henry W. Pardo and Mary Pardo v. John Bittorf.

*Homestead*— Exemption *not destroyed by desertion of wife or by renting part of homestead.*

When a man lias a homestead, if his wife leaves him without his consent to reside elsewhere, but he refuses to go with her and continues in the homestead, he is not by her leaving deprived of his exemption privilege.

That he rents a part of the homestead, and is sometimes away from it, are circumstances that do not affect his right so long as he retains a possession and claims the homestead privilege.

Appeal from W ayne.

Submitted April 18.

Decided April 25.

Bill to clear title. Defendant appeals.

Affirmed.

*Fraser <& Oates*for complainants.

*Oeo. W. Ooomer*and *Ailcmson <& Atlmison*for defendant.

Cooley, J.

The bill in this case is filed to relieve the title to a lot in the city of Wyandotte which complainant Henry W. Pardo claims as his homestead, from a cloud occasioned by its being sold on execution to the defendant.

The sale on execution was made in 1874. There seems to be no dispute that complainants for many years prior to 1874 had occupied the lot and lived in the house thereon ; but it is claimed by defendant that they ceased to occupy it as a homestead a short time before the levy was made under which the sale took place. In respect to this supposed abandonment we find the facts to be as follows: Before the levy was made complainants or one of them had built a house on a lot across the street from the one in dispute, which was intended for occupation as a boardinghouse. When it was ready for occupancy Mrs. Pardo, one morning between three or four o’clock when her husband was away from the house on business, awoke the remainder of *276the family and with them moved over- into the new building. Mr. Pardo when he came home at eight o’clock and found what had been done, expressed his anger and refused to concur, insisted on his wife returning to the old house, and when she refused, took his own bed back with the-avowed purpose of keeping his residence in the old homestead. In pursuance of this determination he has continued'; to occupy the old house and lot ever since; and though he has rented a part of the.house to others, and has not invariably remained in it, especially at times when not well, lie-has never ceased to retain a possession, and has always, claimed it as a homestead. Ilis wife has not lived with him. upon it, but her leaving him was without his consent, and cannot take from him his legal rights. His homestead, is-where he lives himself.

The decree must be affirmed with costs.

Campbell and Marston, JJ., concurred.
<PAGE>   1




                                                                    Exhibit 23.2


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation by
reference in this registration statement on Form S-8 of WorldCom, Inc. of our
report dated February 14, 1996, on our audits of the consolidated financial
statements of MFS Communications Company, Inc. as of December 31, 1995 and 1994
and for each of the three and two years in the period ended December 31, 1995,
which reports are included in WorldCom, Inc.'s Current Report on Form 8-K/A
dated August 25, 1996 (as amended on November 4, 1996 and December 19, 1997).



PricewaterhouseCoopers LLP
Omaha, Nebraska
August 27, 1998
I 

108TH CONGRESS 

2D SESSION H. R. 4236

To provide for congressional disapproval of certain regulations issued by 

the Comptroller of the Currency, in accordance with section 802 of 

title 5, United States Code. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2004

Mr. GUTIERREZ (for himself, Mr. PAUL, Mr. SHERMAN, Mr. OTTER, Mr. 

TOWNS, Mr. BACA, Ms. LEE, Mrs. MALONEY, Mr. BRADY of Pennsylvania, Ms. CARSON of Indiana, Mr. PRICE of North Carolina, Mr. LIPINSKI, Mr. ACEVEDO-VILA ́, Ms. WATERS, Mr. RANGEL, Mr. NADLER, Mr. 

SANDERS, Mr. HINCHEY, Ms. SLAUGHTER, Mr. OWENS, Mr. RUSH, Mr. 

WEINER, Mr. DAVIS of Illinois, Mr. CLAY, Mr. SERRANO, Ms. 

SCHAKOWSKY, Mr. GRIJALVA, Mr. MORAN of Virginia, Ms. BALDWIN, 

and Mr. BARTLETT of Maryland) introduced the following bill; which was 

referred to the Committee on Financial Services 

A BILL

To provide for congressional disapproval of certain regulations issued by the Comptroller of the Currency, in accordance with section 802 of title 5, United States Code.

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

3 That the Congress disapproves the rule submitted by the 

4 Comptroller of the Currency relating to bank activities and 
2

•HR 4236 IH 

1 regulations, published at 69 Fed. Reg. 1895 (2004), and 

2 such rule shall have no force or effect.

Æ
#### Davis, Appellant, *v.*Moor et al., Appellees.

(No. 3951

— Decided January 25, 1949.)

*Mr. B. N. Murray,*for appellant.

*Mr. Paul R. Gingher,*for appellees.

By the Court.

This is an appeal on questions of law from a judgment of the Common Pleas Court of Franklin County, sustaining a general demurrer to the plaintiff’s amended petition.

Plaintiff was riding as a guest in an automobile owned by the defendants, which at the time was being driven by defendant Hazel M. Moor.

Plaintiff alleges she was seated in the front seat of the automobile to the right of the driver and that “an unleashed and unerated dog belonging to said defendants, and up to that time concealed in a pile of soiled laundry and wearing apparel in the rear seat, suddenly sprang to the front of said automobile upon the neck of the plaintiff. Plaintiff states further that the driver, in attempting to remove the dog from this plaintiff, abandoned the steering gear, increased the speed of said automobile causing it to crash, ’ ’ etc. Plaintiff alleges further that her injuries and damages were caused by “the defendant, Hazel M. Moor, wantonly *214abandoning tbe control of the automobile in which she and the plaintiff were riding.”

In. an action brought under the provisions of Section 6308-6, General Code, the guest must allege facts in his petition showing wilfulness or wantonness, else the pleading is demurrable. The use of the word, “wanton,” is not alone sufficient to bring the action within the statute. *Vecchio*v. *Vecchio,*131 Ohio St., 59, 64, 1 N. E. (2d), 624; *Universal Concrete Pipe Co.*v. *Bassett,*130 Ohio St., 567, 573, 200 N. E., 843, 119 A. L. R., 646; *Thomas*v. *Foody,*54 Ohio App., 423, 425, 7 N. E. (2d), 820.

The sufficiency of the amended petition rests on the charge of wanton misconduct which was defined in *Tighe, a*Minor, v. *Diamond,*149 Ohio St., 520, 526, 80 N. E. (2d), 122, as follows:

> “ ‘Wanton misconduct’ comprehends an entire absence of all care for the safety of others and an indifference to consequences. *Higbee Co.*v. *Jackson,*101 Ohio St., 75, 128 N. E., 61, 14 A. L. R., 131. It implies a failure to exercise any care toward those to whom a duty of care is owing when the probability that harm will result from such failure is great, *and such probability is known to the actor.”*(Emphasis ours.)

In our opinion the amended petition does not allege facts sufficient to constitute a cause of action under the guest statute.

We have passed on the legal question raised, although upon examination of the record we do not find that the appeal is taken from a final order. An order sustaining a general demurrer to the petition without dismissing the action is not a final order.

*Judgment accordingly.*

Wiseman, P. J., Miller and Hornbeck, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-7671

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BRYAN O’NEAL CASEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Richmond. John A. Gibney, Jr., Senior District Judge. (3:08-cr-00261-JAG-1)

Submitted: December 9, 2021 Decided: December 16, 2021

Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Bryan O’Neal Casey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM: 

Bryan O’Neal Casey appeals the district court’s order denying his motion for 

compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step 

Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. Having reviewed the 

record and finding no reversible error, we affirm the decision of the district court. 

See United States v. Casey, No. 3:08-cr-00261-JAG-1 (E.D. Va. Oct. 20, 2020). We 

dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process. 

AFFIRMED
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

WILLIAM DAVID HAHN,

Appellant,

v.

ERICA HAHN, BROOKE HAHN, ALAN WEINSTEIN, as Trustee, WAYNE

KAPLAN, and WAYNE KAPLAN, P.A.,

Appellees.

No. 4D17-3919

[April 10, 2019]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Carol-Lisa Phillips, Dale Ross, and David A. Haimes, 

Judges; L.T. Case No. CACE 2009-039029 (11).

Meah Rothman Tell of Meah Rothman Tell, P.A., Lauderhill, for 

appellant.

John P. Seiler and Steven A. Wahlbrink of the Law Offices of Seiler, 

Sautter, Zaden, Rimes & Wahlbrink, Fort Lauderdale, for appellees Erica 

Hahn and Brooke Hahn. 

Wayne Kaplan of Wayne Kaplan, P.A., Boca Raton, for appellees Wayne 

Kaplan and Wayne Kaplan, P.A. 

WEISS, DALIAH H., Associate Judge.

Appellant raises multiple points on appeal. Points one, two, and five, 

as numbered in appellant’s brief, pertain to Erica and Brooke Hahn. 

Points three, four, six, and seven address Wayne Kaplan and Wayne 

Kaplan, P.A. On all issues involving the Hahns, we affirm without 

discussion. On the remaining issues concerning Wayne Kaplan and 

Wayne Kaplan, P.A., we dismiss the appeal due to the pendency of a 

counterclaim in the lower court. See Mendez v. W. Flagler Family Ass’n,

303 So. 2d 1, 5 (Fla. 1974).

Affirmed in part; dismissed in part. 

WARNER and GROSS, JJ., concur. 
2

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32.2



Certification of Principal Financial Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)





I, Gandolfo Verra, Chief Financial Officer of Cordia Corporation (the Registrant) do hereby 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, based upon a review of the Quarterly Report on Form 10-QSB for the period September 30, 2006 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the Report):

(1)

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



By:/s/ Gandolfo Verra



Gandolfo Verra

Chief Financial Officer



November 14, 2006









*

A signed original of this written statement required by Section 906 has been provided to Cordia Corporation and will be retained by Cordia Corporation and furnished to the Securities Exchange Commission or its staff upon request
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4609 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4609

To amend title 18, United States Code, to modify the definition of the 
   United States for the purposes of the prohibition against torture.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2004

  Mr. Meehan introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, to modify the definition of the 
   United States for the purposes of the prohibition against torture.

    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 ``Torture Accountability Act''.

SEC. 2. DEFINITION OF UNITED STATES.

    Section 2340(3) of title 18, United States Code, is amended to read 
as follows:
            ``(3) `United States' means the several States of the 
        United States, the District of Columbia, and the commonwealths, 
        territories, and possessions of the United States.''.
                                 <all>
```
Exhibit 31.2

I, Anthony E. Applebaum, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Mera Pharmaceuticals,
Inc.;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4. The Company's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     d)   designed such disclosure controls and procedures to ensure that
          material information relating to the Company, including its
          consolidated subsidiaries, is made known to us by others within those
          entities, particularly during the period in which this quarterly
          report is being prepared;

     e)   evaluated the effectiveness of the Company's disclosure controls and
          procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and

     f)  presented in this quarterly report our conclusions about the
         effectiveness of the disclosure controls and procedures based on our
         evaluation as of the Evaluation Date;

5. The Company's other certifying officers and I have disclosed, based on our
most recent evaluation, to the Company's auditors and the audit committee of
Company's board of directors (or persons performing the equivalent functions):

     c)   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the Company's ability to record,
          process, summarize and report financial data and have identified for
          the Company's auditors any material weaknesses in internal controls;
          and

     d)   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the Company's internal
          controls; and

6. The Company's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:   March 21, 2005

/s/ANTHONY E. APPLEBAUM
----------------------------------------
Anthony E. Applebaum
Principal Financial and Accounting Officer





                                       12
<PAGE>
<PAGE>   1
[PRICEWATERHOUSECOOPERS LETTERHEAD]

                                                                    EXHIBIT 23.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the inclusion in this registration statement on Form S-4 of our
report dated February 20, 1998, except for Notes 3, 11, 14 and 22 as to which
the date is June 4, 1998, on our audits of the consolidated financial statements
of Home Interiors & Gifts, Inc. and Subsidiaries.  We also consent to the
references to our firm under the captions "Summary Historical Consolidated
Financial Data", "Selected Historical Consolidated Financial Data" and
"Experts."

PricewaterhouseCoopers LLP
Dallas, Texas
August 21, 1998
I 

108TH CONGRESS 

2D SESSION H. R. 4528 

To require the Secretary of the Treasury to redesign the face of $10 Federal 

reserve notes so as to include a likeness of President Ronald Wilson 

Reagan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2004 

Mr. HAYWORTH introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To require the Secretary of the Treasury to redesign the 

face of $10 Federal reserve notes so as to include a 

likeness of President Ronald Wilson Reagan, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘President Ronald 

5 Reagan $10 Bill Act’’. 
2 

•HR 4528 IH 

1 SEC. 2. LIKENESS OF PRESIDENT REAGAN REQUIRED TO 

2 BE INCLUDED ON THE FACE OF $10 FEDERAL 

3 RESERVE NOTES. 

4 The 8th undesignated paragraph of section 16 of the 

5 Federal Reserve Act (12 U.S.C. 418) is amended by add6 ing at the end the following new sentence: ‘‘The face of 

7 $10 Federal reserve notes printed after December 31, 

8 2004, shall bear the likeness of President Ronald Wilson 

9 Reagan’’. 

Æ
Exhibit 32.2

 

Mechanical Technology Incorporated

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(18 U.S.C. Section 1350)

 

In connection with the Annual Report of Mechanical Technology Incorporated (the "Company") on Form 10-Q for the year ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Cynthia A. Scheuer, Chief Financial Officer of the Company, certify, pursuant to the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, (18 U.S.C. Sections 1350(a) and (b)), that, to my knowledge:
<PAGE>   1

                                                                    EXHIBIT 23.7

                        CONSENT OF COOPERS & LYBRAND LLP

         We hereby consent to the incorporation by reference in this
Registration Statement of Suiza Foods Corporation on Form S-3 of our report
dated July 31, 1997, with respect to the combined financial statements of The
Garelick Companies, included in the Current Report on Form 8-K filed July 14,
1997, as amended on August 22, 1997, of Suiza Foods Corporation, and to the
reference to us under the heading "Experts" in this Prospectus which is part of
such Registration Statement.



                                                    /s/ COOPERS & LYBRAND L.L.P.

Boston, Massachusetts
June 9, 1998
exv10w8



 






Exhibit 10.8




FIFTH AMENDMENT

TO THE 1996 LONG-TERM INCENTIVE PLAN OF

BALLY TOTAL FITNESS HOLDING CORPORATION





	1.	 	Section 3 of the Plan is hereby amended by changing the number of aggregate Shares subject to
the Plan from six million one hundred thousand (6,100,000) Shares to eight million six hundred
thousand (8,600,000) Shares.
	 
	2.	 	This Fifth Amendment shall be effective as of June 6, 2002.
I 

108TH CONGRESS 

2D SESSION H. R. 4344

To authorize water resources projects for Indian River Lagoon-South and 

Southern Golden Gates Estates, Collier County, in the State of Florida. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2004

Mr. FOLEY (for himself, Mr. HASTINGS of Florida, and Mr. MARIO DIAZBALART of Florida) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL

To authorize water resources projects for Indian River Lagoon-South and Southern Golden Gates Estates, Collier 

County, in the State of Florida.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring the Ever5 glades, an American Legacy Act of 2004’’. 

6 SEC. 2. INDIAN RIVER LAGOON-SOUTH, FLORIDA. 

7 (a) IN GENERAL.—After issuance of a favorable re8 port of the Chief of Engineers for the project for the eco9 system restoration, water supply, flood control, and pro-
2

•HR 4344 IH 

1 tection of water quality, Indian River Lagoon-South, Flor2 ida, the Secretary of the Army, acting through the Chief 

3 of Engineers (referred to in this Act as the ‘‘Secretary’’), 

4 may carry out the project at a total cost of 

5 $1,207,400,000, with an estimated Federal cost of 

6 $603,700,000 and an estimated non-Federal cost of 

7 $603,700,000. 

8 (b) COST SHARING.—

9 (1) IN GENERAL.—The Federal share of the an10 nual operation, maintenance, monitoring, repair, and 

11 rehabilitation costs of the project described in sub12 section (a) shall be 50 percent. 

13 (2) CREDITING.—The non-Federal sponsor of 

14 the project described in subsection (a) shall be cred15 ited for planning, engineering, design, and construc16 tion carried out, or under contract, by the non-Fed17 eral sponsor toward implementation of the project 

18 before execution of a project cooperation agreement 

19 if the Secretary determines that the work carried 

20 out is integral to the project. 

21 SEC. 3. SOUTHERN GOLDEN GATES ESTATES, COLLIER 

22 COUNTY, FLORIDA. 

23 (a) IN GENERAL.—After issuance of a favorable re24 port of the Chief of Engineers for the project for the eco25 system restoration, Southern Golden Gate Estates, Collier 
3

•HR 4344 IH 

1 County, Florida, the Secretary may carry out the project 

2 at a total cost of $401,500,000, with an estimated Federal 

3 cost of $200,750,000 and an estimated non-Federal cost 

4 of $200,750,000. 

5 (b) COST SHARING.—

6 (1) IN GENERAL.—The Federal share of the an7 nual operation, maintenance, monitoring, repair, and 

8 rehabilitation costs of the project described in sub9 section (a) shall be 50 percent. 

10 (2) CREDITING.—The non-Federal sponsor of 

11 the project described in subsection (a) shall be cred12 ited for planning, engineering, design, and construc13 tion carried out, or under contract, by the non-Fed14 eral sponsor toward implementation of the project 

15 before execution of a project cooperation agreement 

16 if the Secretary determines that the work carried 

17 out is integral to the project.

Æ
<PAGE>   1

                                                                  EXHIBIT 23.2


                 [Goldberg, Godles, Wiener & Wright Letterhead]


                                                              September 2, 1998


OpTel, Inc.
1111 W. Mockingbird Lane
Dallas, Texas 75247


Ladies and Gentlemen:


     We hereby consent to the use of our name under the caption "Legal Matters"
in the Prospectus included in the Registration Statement on Form S-4 (the
"Registration Statement") and to the use of this consent as an exhibit to the
Registration Statement.

                                         Very truly yours,

                                         /s/ Goldberg, Godles, Wiener & Wright