alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(77 South. 59)

#### T. L. FARROW MERCANTILE CO. v. COPELAND.

(8 Div. 392.)

(Court of Appeals of Alabama.

Nov. 13. 1917.)

Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge.

Action in trover for conversion of mortgaged property b.v V. H. Copeland against the T. L. Farrow Mercantile Company. Judgment for plaintiff, and defendant appeals.

Reversed and. remanded.

John A. Lusk *&*Son, of Guntersville, for appellant. W. C. Rayburn, of Guntersville, for appellee.

BRICKEN, J.

The facts in this case are very similar to the facts in the ease of Alex Gilbreath v. V. H. Copeland, 77 South. 58.1 Copeland held a note and crop mortgage executed by Cleveland; some of the cotton covered by that note and mortgage was sold by Cleveland to the appellant; at tiie time of *the*sale, one Moon was the owner of the note and mortgage, having acquired same bv purchase and transfer from Copeland; after the alleged ourehase and conversion of the cotton by the appellant, Copeland reacquired the note and mortgage, by purchase from Moon, and thereafter instituted this action in trover against the appellant for the alleged conversion which the undisputed evidence shows took place while Moon owned the mortgage.

We are of the opinion that, under tho facts stated, the learned trial court erred in giving the general affirmative charge requested in writing by the appellee, the plaintiff in the court below, and that the same charge requested by the appellant should have been given. Alex Gilbreath v. Y. H. Copeland, supra.

Reversed and remanded.

1

 Ante, p. 220.
**Exhibit 11**

STATEMENT RE: COMPUTATION OF EARNINGS PER SHARE

NET LOSS PER SHARE

Computation of net loss per share(in thousands, except per share data)
| ** **                                                                                                            | ** ** | **Three months ended  March 31,** | ** ** |
|-----------------------------------------------------------------------------------------------------------------------|------------|--------------------------------------------------|------------|
| ** **                                                                                                            | ** ** | **2006**                                         | ** ** | **2005** | ** ** |
|                                                                                                                  |       |                                             |       |   |   |
| Net loss                                                                                                              |       | $                                                | (3,042     | ) | $ | (1,226 | ) |
| Weighted average shares  of common stock outstanding                                                                  |       | 72,713                                           |       | 71,871 |   |
| Weighted average shares  of common stock held for former Women.com stockholders not yet tendered                      |       | 50                                               |       | 55 |   |
| Weighted average shares  of common stock held for former Promotions.com stockholders not yet tendered                 |       | 2                                                |       | 2 |   |
| Adjusted weighted  average shares of common stock outstanding used in computing basic and  diluted net loss per share |       | 72,765                                           |       | 71,928 |   |
| Basic and diluted net loss per share                                                                                  |       | $                                                | (0.04      | ) | $ | (0.02 | ) |

 

 

----
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: December 11, 2014 518447 

________________________________

In the Matter of ALLAH McCALL,

Petitioner,

v

MEMORANDUM AND JUDGMENT

ANTHONY J. ANNUCCI, as Acting 

Commissioner of Corrections 

and Community Supervision,

Respondent.

________________________________

Calendar Date: October 21, 2014

Before: Peters, P.J., Rose, Egan Jr., Lynch and Clark, JJ.

__________

Allah McCall, Romulus, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J.

Mastracco of counsel), for respondent.

__________

Proceeding pursuant to CPLR article 78 (transferred to this

Court by order of the Supreme Court, entered in Franklin County)

to review a determination of respondent finding petitioner guilty

of violating certain prison disciplinary rules.

Petitioner became disruptive as he approached a gate

emptying into the prison yard, and he struck a correction officer

with his shoulder as he walked through the gate. He then punched

the officer and had to be subdued. Petitioner was charged in a

misbehavior report with assaulting staff, engaging in violent

conduct and creating a disturbance. He pleaded guilty to

creating a disturbance and, at the conclusion of a tier III

disciplinary hearing, was found guilty of the remaining charges. 

The determination was affirmed upon administrative appeal, and

this CPLR article 78 proceeding ensued.
-2- 518447 

We confirm. The misbehavior report, documentary evidence

and testimony of the correction officer who was involved in the

altercation provide substantial evidence to support the

determination of guilt (see Matter of Alsaifullah v Fischer, 118

AD3d 1239, 1240 [2014], lv denied 24 NY3d 906 [2014]; Matter of

Wright v Fischer, 98 AD3d 759, 759 [2012]). Although petitioner

and his witness offered a differing account of the incident,

their testimony presented a credibility issue for the Hearing

Officer to resolve (see id.). Finally, petitioner's contention

that the Hearing Officer erred in denying his request for the

medical records of the officer involved in the assault is

unavailing, as there was no allegation that petitioner caused any

physical injury to the officer. Under these circumstances, the

medical records were irrelevant.

Peters, P.J., Rose, Egan Jr., Lynch and Clark, JJ., concur.

ADJUDGED that the determination is confirmed, without

costs, and petition dismissed.

ENTER:

Robert D. Mayberger

Clerk of the Court
#### Commerce & Industry Insurance Co., Respondent, v Globe Office Supply Company, Inc., et al., Defendants, and Abraham Hanon et al., Appellants.

[699 NYS2d 347]

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 10, 1998, which, in an action by an insurer against its insured’s principals and others, arising out of an allegedly fraudulent claim under a fire insurance policy, denied defendants-appellants’ motion to dismiss the action pursuant to CPLR 3016 (b), unanimously affirmed, without costs.

Plaintiffs allegation that the nonappealing individual defendant, the employee of plaintiffs adjuster primarily responsible for working on the subject loss, pleaded guilty to Federal mail fraud charges accusing him of devising a scheme to falsely misrepresent the extent of such loss to plaintiff, gives appellants, principals of the insured, adequate notice of the fraud that plaintiff is accusing them of as well. Plaintiff cannot presently be expected to state further details of appellants’ participation in such fraud, if any, such being a matter peculiarly within *166appellants’ knowledge *(see, Bernstein v Kelso & Co.,*231 AD2d 314, 320-321). Concur — Sullivan, J. P., Tom, Rubin, Andrias and Buckley, JJ.
#### § 452.40 Prior office holding.

A requirement that candidates for office have some prior service in a lower office is not considered reasonable.[26]

###### Footnotes -
  452.40

[26] *Wirtz* v. *Hotel, Motel and Club Employees Union, Local 6,* 391 U.S. 492 at 504. The Court stated that the union, in applying such a rule, “* * * assumes that rank and file union members are unable to distinguish qualified from unqualified candidates for particular offices without a demonstration of a candidate's performance in other offices. But Congress' model of democratic elections was political elections in this Country, and they are not based on any such assumption. Rather, in those elections the assumption is that voters will exercise common sense and judgment in casting their ballots. Local 6 made no showing that citizens assumed to make discriminating judgments in public elections cannot be relied on to make such judgments when, voting as union members * * *.”
#### WEAVER, Admrx v MT. VERNON (city)

Ohio Appeals, 5th Dist, Knox Co

No 306.

Decided April 23, 1930

Huggins & Liggett, Columbus, and Wm. L. Robinson, Mt. Vernon, for Weaver.

Robert J. Grossman, City Solicitor, and Harry W. Koons, both of Mt. Vernon, for City.

FUNK, J (9th Dist) sitting by designation in place of HOUCK, J.

Full opinion will be published later, watch Omnibus Index.
#### § 2204.101 Scope of this part.

The Equal Access to Justice Act, 5 U.S.C. 504 (called “EAJA” in this part), provides for the award of attorney or agent fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings (called “adversary adjudications”) before the Occupational Safety and Health Review Commission. An eligible party may receive an award when it prevails over the Secretary of Labor, unless the Secretary's position in the proceeding was substantially justified or special circumstances make an award unjust. Alternatively, an eligible party, even if not a prevailing party, may receive an award under 5 U.S.C. 504(a)(4) when it successfully defends against an excessive demand made by the Secretary.
----

Euro exchange rates (1)

 3 November 2004

(2004/C 268/01)

1 euro= 

----

(1)

Source: reference exchange rate published by the ECB.

----
§ 500.142 Representation of the Secretary. ( a ) Except as provided in section 518(a) of title 28, U.S. Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under the Act; but all such litigation shall be subject to the direction and control of the Attorney General.
( b ) The Solicitor of Labor, through the authorized representatives identified in § 500.231, shall represent the Secretary in all administrative hearings under the Act and these regulations.
#### STEVENS Exr, et v STEVENS et

Ohio Supreme Court

No 21684.

Decided Dec. 24, 1929

Marshall, CJ., Kinkade, Robinson, Jones, Day and Allen, JJ., concur.
Exhibit 99.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTUION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Horizon Bancorporation, Inc. (the "Company") on Form 10-QSB for the quarterly period ended June 30, 2002, as filed with the Securities Exchange Commission on the date hereof (the "Report"), the undersigned, Charles S. Conoley, President and Chief Executive Officer of the Company, and James J. Bazata, Chief Financial Officer of the Company, 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 our knowledge:

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 results of operations of the Company.

By:

/S/ Charles S. Conoley
Charles S. Conoley
President and Chief Executive Officer
August 12, 2002

/S/ James J. Bazata
James J. Bazata
Chief Financial Officer
August 12, 2002
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-80,561-01

EX PARTE JERRELL BELL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1305470-A IN THE 174 DISTRICT COURT

TH

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of less

than one gram of cocaine, a state jail felony, and sentenced to 120 days’ confinement in the county

jail. He did not appeal his conviction. 

Applicant contends that he is actually innocent because newly available evidence shows he

did not possess a controlled substance. The State agrees that Applicant is entitled to relief.

Laboratory testing conducted after Applicant’s conviction shows that the substance he
2

possessed was not a controlled substance. The trial court has determined that the Applicant has

proven by clear and convincing evidence that no reasonable juror would have convicted him in light

of the new evidence. Based on the trial court’s findings and conclusions and our own review of the

entire record, we find that Applicant is entitled to relief. Ex parte Tuley, 109 S.W.3d 388, 392 (Tex.

Crim. App. 2002) (citing Ex parte Elizondo, 947 S.W.2d 202, 207 (Tex. Crim. App. 1996)). 

Relief is granted. The judgment in Cause Number 1305470 in the 174 Judicial District th

Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris

County to answer the charges as set out in the indictment. The trial court shall issue any necessary

bench warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to theTexasDepartment of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: December 18, 2013

Do Not Publish
### Ground water in the San Jacinto and Temecula basins, California

By: Gerald Ashley Waring

                            https://doi.org/10.3133/wsp429

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 3**                            (pdf)
  - **Plate 5**                            (13146 pdf)                        
  - **Plate 6**                            (12519 pdf) 
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
#### § 452.108 Publication of results.

In any election which is required by the Act to be held by secret ballot, the votes cast by members of each local labor organization must be counted, and the results published, separately.[52] For example, where officers of an intermediate body are elected directly by members, the votes of each local must be tabulated and published separately. The publishing requirement is to assure that the results of the voting in each local are made known to all interested members. Thus, the presentation of the election report at a regular local membership meeting, and the entry of the report in the minutes, would normally accomplish this purpose in a local election. Such minutes would have to be available for inspection by members at reasonable times, unless copies of the report are made available. In an election that encompasses more than one local, publication may be accomplished by posting on appropriate bulletin boards, or in a union newspaper, or by any procedure which allows any member to obtain the information without unusual effort. Of course, the counting and reporting should account for all ballots cast in the election, although only valid votes will be counted in determining the successful candidates.

###### Footnotes -
  452.108

[52] Act, sec. 401(e). See also Senate Report 187, 86th Cong. 1st sess., p. 47; Daily Cong. Rec. p. 13682, Aug. 3, 1959, and p. A6573, July 29, 1959.
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# Dziennik Urzędowy C 194A/30 l

| | ISSN 1725-5228 |
| --- | --- |
| Dziennik Urzędowy
  Unii Europejskiej | C 194A |
| | |
| Wydanie polskie | Informacje i zawiadomienia | Tom 4730 lipca 2004 |

ISSN 1725-5228

Dziennik Urzędowy

Unii Europejskiej

C 194A

Wydanie polskie

Informacje i zawiadomienia

Tom 4730 lipca 2004

---

| Powiadomienie nr | Spis treśći | Strona |
| --- | --- | --- |
| | III   Powiadomienia |
| | Rada |
| 2004/C 194A/1 | Europejska agencja obrony — Ogłoszenie o konkursie na wolne stanowisko — Dyrektorzy | 1 |
| | Europejskie Centrum Monitorowania Rasizmu i Ksenofobii |
| 2004/C 194A/2 | Wezwanie do składania zgłoszeń HOUA-A-2004 | 2 |

Powiadomienie nr

Spis treśći

Strona

III   Powiadomienia

Rada

2004/C 194A/1

Europejska agencja obrony — Ogłoszenie o konkursie na wolne stanowisko — Dyrektorzy

1

Europejskie Centrum Monitorowania Rasizmu i Ksenofobii

2004/C 194A/2

Wezwanie do składania zgłoszeń HOUA-A-2004

2

| PL | |
| --- | --- |

PL

---

III Powiadomienia

Rada

| 30.7.2004 | PL | Dziennik Urzędowy Unii Europejskiej | CA 194/1 |
| --- | --- | --- | --- |

30.7.2004

PL

Dziennik Urzędowy Unii Europejskiej

CA 194/1

---

EUROPEJSKA AGENCJA OBRONY

Ogłoszenie o konkursie na wolne stanowisko

Dyrektorzy

(2004/C 194 A/01)

Europejska Agencja Obrony zamierza zatrudnić Dyrektorów następujących czterech dyrekcji:

| — | Rozwój Zdolności Wojskowych (nr ref. EDA/A/2004/012), |
| --- | --- |

—

Rozwój Zdolności Wojskowych (nr ref. EDA/A/2004/012),

| — | Badania i Technologia (nr ref. EDA/A/2004/0029), |
| --- | --- |

—

Badania i Technologia (nr ref. EDA/A/2004/0029),

| — | Uzbrojenie (nr ref. EDA/A/2004/042), |
| --- | --- |

—

Uzbrojenie (nr ref. EDA/A/2004/042),

| — | Przemysł i Rynek Obronny (nr ref. EDA/A/2004/051). |
| --- | --- |

—

Przemysł i Rynek Obronny (nr ref. EDA/A/2004/051).

Szczegółowe informacje (dostępne w języku angielskim) i formularze zgłoszeniowe można znaleźć na stronie internetowej Rady pod następującym adresem: http://ue.eu.int (kontakty/oferty pracy).

Termin składania wniosków: 3 września 2004 r. (decyduje data stempla pocztowego).

---

Europejskie Centrum Monitorowania Rasizmu i Ksenofobii

| 30.7.2004 | PL | Dziennik Urzędowy Unii Europejskiej | CA 194/2 |
| --- | --- | --- | --- |

30.7.2004

PL

Dziennik Urzędowy Unii Europejskiej

CA 194/2

---

WEZWANIE DO SKŁADANIA ZGŁOSZEŃ HOUA-A-2004

(2004/C 194 A/02)

Europejskie Centrum Monitorowania Rasizmu i Ksenofobii (EUMC) poszukuje kandydatów do objęcia niektórych stanowisk. Szczegółowe informacje na temat powyższych stanowisk, misji Centrum i obowiązujących procedur podczas przygotowywania zgłoszenia opublikowane są na stronie internetowej EUMC pod następującym adresem: http://eumc.eu.int.

---
#### § 2520.102-4 Option for different summary plan descriptions.

In some cases an employee benefit plan may provide different benefits for various classes of participants and beneficiaries. For example, a plan amendment altering benefits may apply to only those participants who are employees of an employer when the amendment is adopted and to employees who later become participants, but not to participants who no longer are employees when the amendment is adopted. (See § 2520.104b-4). Similarly, a plan may provide for different benefits for participants employed at different plants of the employer, or for different classes of participants in the same plant. In such cases the plan administrator may fulfill the requirement to furnish a summary plan description to participants covered under the plan and beneficiaries receiving benefits under the plan by furnishing to each member of each class of participants and beneficiaries a copy of a summary plan description appropriate to that class. Each summary plan description so prepared shall follow the style and format prescribed in § 2520.102-2, and shall contain all information which is required to be contained in the summary plan description under § 2520.102-3. It may omit information which is not applicable to the class of participants or beneficiaries to which it is furnished. It should also clearly identify on the first page of the text the class of participants and beneficiaries for which it has been prepared and the plan's coverage of other classes. If the classes which the employee benefit plan covers are too numerous to be listed adequately on the first page of the text of the summary plan description, they may be listed elsewhere in the text so long as the first page of the text contains a reference to the page or pages in the text which contain this information.

[67 FR 775, Jan. 7, 2002]
[No. 27761-1-II.

Division Two.

December 20, 2002.]

#### Randy Norris, et al., *Appellants,*v. Church & Company, Inc., *Respondent.*

Appeal from a judgment of the Superior Court for Clark County, No. 99-2-04405-7, James E. Rulli, J., entered August 24, 2001. *Reversed*by unpublished opinion per Armstrong, J., concurred in by Quinn-Brintnall, A.C.J., and Houghton, J. Now published at 115 Wn. App. 511.