alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NIST Fundamentals of Uncertainty Analysis Short Course

NIST, Building 222, Room A330, Gaithersburg, MD

March 29‐31, 2011

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#### A. M. Waddell *v.*S. A. Comar.

Gaming — Discovery.

Section 3, cb. 42, R. S., enables persons suing under S'ec. 2 to bave discovery, not only as to the amount of money lost at gambling, but as to tbe persons interested in tbe game at wbicb tbe money was lost.

APPEAL PROM LOUISVILLE CHANCERY COURT.

March 18, 1874.

Opinion by

Judge Lindsay:

The amendment to appellee’s petition,, filed. February 7, 1873, 'in which it is substantially alleged that Waddell was interested in the gambling house at which his money was lost, and shared with those present, and engaged in the game, and that these facts could only have been developed to the court by a discovery by Waddell which brought the case within the provisions of Sec. 3, Chap. 42, Rev. Stat. The intention of this section is to enable persons suing under the provisions of section 2 of said chapter to have discovery, not only as to the amount of money lost, but as to the parties interested in the game or games at which it was lost.

To require the party suing to establish the loss in a court of law before resorting to chancery to have discovery, would in many cases render it impossible for him to obtain relief at all, as it would frequently be impossible, without discovery, to determine who to sue at law; and in all such suits he could be deprived' of the right to use the party sued as a witness, for the palpable reason that disclosures made as a witness in an ordinary action would subject the party making them to the penalties and forfeitures denounced against persons guilty of violations of the statutes to repress gaming.

The motion to transfer to the court of common pleas was properly overruled. We deem it unnecessary to review the testimony presented by the record; considering the ownership by Waddell of a portion of the furniture in the house, including some of the gambling implements, his connection with the house, his payment of one-half of the accruing rent, and his admissions that he was at *592one time a partner in the gambling operations carried on in .the house, it is impossible to- resist the conviction that he was to some extent interested in the games at which appellee’s money was won.

*Elliott & Hays, for appellant.*

*Fleming, for appellee.*

The proof of the loss of money to an amount equal to the judgment rendered in favor of appellees, is clear and convincing.

Judgment affirmed.
* The court has determined that this opinion should not be

published and is not precedent except under the limited

circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-10989

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DANA WHITE,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

(4:96-CR-25-Y)

- - - - - - - - - -

April 29, 1997

Before Wisdom, King, and Smith, Circuit Judges.

PER CURIAM:*

Appellant Dana Marie White appeals the sentence imposed for

her conviction for making available a place for manufacturing,

storing, and distributing cocaine and cocaine base. She argues

that the court clearly erred in determining the quantity of drugs

attributable to her and that the court erred in refusing to apply

U.S.S.G. § 2D1.8(a)(2) in determining her base offense level. We
No. 96-10989

- 2 -

have reviewed the briefs and the record and conclude that there is

no error. 

AFFIRMED.
#### Walter & Stuck *v.*J. C. Johnston, Guard.

Guardian and Ward — Improvement on .Ward’s Land — Lien.

Although persons under 'contract with a guardian have made improvements on the land of the ward, under the belief that the creditor had the authority to contract with them for such purpose, yet they cannot, toy erecting a building on the infant’s land, create a lien thereon whereby the infant can be deprived of his title.

Improvements — On Ward's Land Under Contract with Guardian.

Where persons have built a house on the land of the ward and made improvements thereon, under the mistaken belief that the guardian had authority to contract therefor, the chancellor should permit them to remove the materials placed thereon within á reasonable time, leaving the land in as good condition as when they began to make the improvements; or permit the ward to pay for the improvements to the extent that they have enhanced the value of the land.

APPEAL FROM LOUISVILLE CHANCERY COURT.

February 6, 1874.

Opinion by

Judge P'eters :

It is intrinsically probable, independent of the evidence of Thompson, that appellants built the house and made the improvements on the ground of the infant, Garnett D. Ripley, under a contract with Crawford, the former guardian; and while he was not legally authorized to< make such contract without the sanction of the chancellor so as to bind the estate of the ward, still it must be presumed that they believed the guardian had the authority to contract with them for the purpose; but notwithstanding that belief, they could not, by erecting a building on the infant’s land, create a lien on it whereby he could be deprived of the title.

*483*Russell & Helm, for appellants.*

*Muir & Bijour, for appellee.*

Appellants have incautiously and ill-advisedly put their materials and labor on the land of one who was and is unable to contract with them on the subject; but as they were induced to furnish said materials and erect the house and the improvements by the guardian claiming the right to contract with them, they cannot be regarded as wrongdoers, and did not part with their property in the materials used in the improvements; and under the circumstances the chancellor, under 'the alternative prayer, should have adjudged the materials of which the improvements were made, the property of appellants, and permitted them to remove them in reasonable time, requiring them to leave the lot in the condition that it was in when they began to erect said improvements. Or he should order his master to ascertain the condition of the estate of the ward, and the enhanced value of the ground by reason of said improvements; and if it would redound to the interest of the ward and his estate in the condition it is in, to> pay for the improvements to the extent that they enhanced the value of the lot.

Such enhanced value should be allowed. The amelioration is all that should be paid for.

Wherefore the judgment is reversed and the cause is remanded with directions for further proceedings consistent herewith.
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-20961 Conference Calendar

WILLIAM COOPER; ET AL., Plaintiffs, WILLIAM COOPER, Plaintiff-Appellant,

versus TOMMY THOMAS, Sheriff, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. H-03-CV-136

-------------------- Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM: * William Cooper, Texas prisoner # 1180768, appeals the district court’s summary judgment in favor of Sheriff Tommy Thomas of Harris County, dismissing Cooper’s 42 U.S.C. § 1983 complaint. Cooper argues that, contrary to the district court’s determination, he was exposed to asbestos in the county jail. United States Court of Appeals

Fifth Circuit 

## F I L E D June 23, 2004 Charles R. Fulbruge III ClerkNo. 03-20961 -2- Because Cooper sued only Sheriff Thomas and did not allege that Sheriff Thomas was personally involved in his claims, Cooper was required to show that Sheriff Thomas “implement[ed] a policy so deficient that the policy itself is a repudiation of constitutional rights and is the moving force of the constitutional violation.” Thompkins v. Belt , 828 F.2d 298, 304 (5th Cir. 1987). As the district court determined, Cooper failed to show that any policy implemented by the jail resulted in his exposure to asbestos in violation of the Fourteenth or Eighth Amendments. Although Cooper asserts that he was enrolled in an upholstery-repair class during his incarceration at the jail and that the class was conducted in the basement where high levels of asbestos were found, he did not make this factual assertion in the district court. He, thus, fails to demonstrate plain error. See Robertson v. Plano City of Texas , 70 F.3d 21, 23 (5th Cir. 1995). Cooper’s request for a medical examination and chest x-ray became moot upon his transfer to the state penitentiary. See Herman v. Holiday , 238 F.3d 660, 665 (5th Cir. 2001). Cooper has waived his inadequate-medical-care claim by failing to brief it on appeal. See Yohey v. Collins , 985 F.2d 222, 225 (5th Cir. 1993). Based on the foregoing, the district court’s judgment is
AFFIRMED.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

GIFT OF LIFE ADOPTIONS, ) ) Petitioner, ) ) v. ) Case No. 2D19-2040 ) B.N., ) ) Respondent. ) ___________________________________) Opinion filed November 27, 2019. Petition for Writ of Certiorari to the Circuit Court for Pinellas County; Myriam Irizarry, Acting Circuit Court Judge. Timothy M. Beasley, Pinellas Park, for Petitioner. Ita M. Neymotin, Regional Counsel, Second District, and David C. Chafin, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Clearwater, for Respondent.

PER CURIAM.

Dismissed.

KHOUZAM, C.J., and SALARIO and ROTHSTEIN-YOUAKIM, JJ., Concur.
Exhibit 99

                        CERTIFICATION OF PERIODIC REPORT


I,  Photios T.  Paulson,  Chief  Executive  Officer of  Vasomedical,  Inc.  (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that:

     (1)  the Quarterly  Report on Form 10-Q of the Company for the three months
          ended  November  30,  2002  (the  "Report")  fully  complies  with the
          requirements of Section 13(a) or 15(d) of the Securities  Exchange Act
          of 1934 (15 U.S.C. 78m or 78o(d)); and

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


Dated: January 14, 2003

                                              /s/ Photios T. Paulson
                                              ----------------------
                                              Photios T. Paulson
                                              Chief Executive Officer




I, Joseph A.  Giacalone,  Chief  Financial  Officer of  Vasomedical,  Inc.  (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that:

     (1)  the Quarterly  Report on Form 10-Q of the Company for the three months
          ended  November  30,  2002  (the  "Report")  fully  complies  with the
          requirements of Section 13(a) or 15(d) of the Securities  Exchange Act
          of 1934 (15 U.S.C. 78m or 78o(d)); and

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


Dated: January 14, 2003

                                              /s/ Joseph A. Giacalone
                                              -----------------------
                                              Joseph A. Giacalone
                                              Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Managed Pension Assets Partnership 1988-A, Ltd.'s balance sheet and statement of
operations contained in its Form 10-Q for the quarter ended June 30, 1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                         27,638
<SECURITIES>                                   0
<RECEIVABLES>                                  494
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               28,132
<PP&E>                                         4,141,550
<DEPRECIATION>                                 (3,887,535)
<TOTAL-ASSETS>                                 282,147
<CURRENT-LIABILITIES>                          11,879
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     270,268
<TOTAL-LIABILITY-AND-EQUITY>                   282,147
<SALES>                                        11,060
<TOTAL-REVENUES>                               11,440
<CGS>                                          0
<TOTAL-COSTS>                                  8,286<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (13,422)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (13,422)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (13,422)
<EPS-BASIC>                                  0
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<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>



</TABLE>
[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Page 73065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28756]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9709-065]


Trafalgar Power, Inc., ECOsponsible, LLC; Notice of Application 
for Transfer of License and Soliciting Comments and Motions To 
Intervene

    On October 13, 2014 and supplemented on November 24, 2014, 
Trafalgar Power, Inc. (transferor) and ECOsponsible, LLC (transferee) 
filed an application for transfer of license of the Herkimer Project, 
FERC No. 9709. The project is located on the West Canada Creek in 
Herkimer County, New York.
    The transferor and transferee seek Commission approval to transfer 
the license for the Herkimer Project from the transferor to the 
transferee.
    Applicant Contact: For Transferor: Mr. Arthur Steckler, President, 
Trafalgar Power, Inc., 11010 Lake Grove Blvd., Suite 100, Box 353, 
Morrisville, NC 27560-7392. For Transferee: Mr. Dennis Ryan, President, 
ECOsponsible, Inc., Managing Member, ECOsponsible, LLC, 469 Snyder 
Road, East Aurora, NY 14052, phone 716-655-3524, email: 
<a href="/cdn-cgi/l/email-protection#e185848f9398808fa1868c80888dcf828e8c"><span class="__cf_email__" data-cfemail="b8dcddd6cac1d9d6f8dfd5d9d1d496dbd7d5">[email protected]</span></a>.
    FERC Contact: Patricia W. Gillis, (202) 502-8735.
    Deadline for filing comments and motions to intervene: 30 days from 
the issuance date of this notice, by the Commission. The Commission 
strongly encourages electronic filing. Please file motions to intervene 
and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief 
comments up to 6,000 characters, without prior registration, using the 
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You 
must include your name and contact information at the end of your 
comments. For assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#75333027363a1b191c1b10260005051a070135131007165b121a03"><span class="__cf_email__" data-cfemail="a5e3e0f7e6eacbc9cccbc0f6d0d5d5cad7d1e5c3c0d7c68bc2cad3">[email protected]</span></a>, (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426. The first page of any filing should include 
docket number P-9709-065.

    Dated: December 1, 2014.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-28756 Filed 12-8-14; 8:45 am]
BILLING CODE 6717-01-P


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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               MAR-31-1996
<CASH>                                          20,681
<SECURITIES>                                         0
<RECEIVABLES>                                      100
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                29,121
<PP&E>                                      16,872,690
<DEPRECIATION>                               4,214,461
<TOTAL-ASSETS>                              15,260,259
<CURRENT-LIABILITIES>                       14,747,483
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    786,000
<COMMON>                                        11,138
<OTHER-SE>                                    (284,362)
<TOTAL-LIABILITY-AND-EQUITY>                15,260,259
<SALES>                                        261,990
<TOTAL-REVENUES>                               261,990
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               357,642
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             219,295
<INCOME-PRETAX>                               (314,947)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (314,947)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (314,947)
<EPS-PRIMARY>                                     (.03)
<EPS-DILUTED>                                     (.03)
        

</TABLE>