alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### OLIVER W. BARNES and BENJAMIN T. PIPPEY, Appellants, *v.*THE MOBILE AND NORTH-WESTERN RAILROAD COMPANY, Respondent.

*Service of summons on foreign*corporation— *Code,*§ 134, *subd. 1*— what *constitutes property within the meaning of.*,

Apfeal from' an order setting aside a judgment and the service of tlio summons, and also from an order denying a motion to set aside the report of a referee, made upon a reference to ascertain certain facts essential to the disposition of the motion to set aside the judgment and service of the summons. The summons was served upon the director of a foreign corporation in this State, and the service thereof was sought to be sustained on the ground that the corporation had property within this State.

With reference to this the court at General Term said: “ It appeared that the defendant had its own unissued bonds here to a considerable amount. But it is settled that they were not property within the legal signification of that term. *(Coddington*v. Gilbert, it N. Y., 489.) It was also shown that it had a map of the State of Alabama, another of its own line, part of a field map, three boobs entitled ‘Mobile and North-western Railroad project,’ three or four pamphlets and some prospectuses in the State. But no value was placed upon them by any one, and it is not probable that any sale could be made of them which would be sufficient to pay its expenses. They were brought here to advance the efforts of the company in disposing of its bonds, and raising money, and except the map of the State, were evidently useless to persons and corporations engaged in other enterprises.

*127The Code does not require any specific amount of property to be found in this State to justify an action against a foreign corporation. 33ut it certainly should be something from which the creditor may have some chance of benefit. The object of allowing the action when that appears to be the case is to afford the creditor the means of applying its proceeds to the payment of the demand in suit. And where there is nothing that in any event can be so applied, the case is not within the spirit and intent of this provision. The object of the law was to provide a substantial remedy, and not a mere artifice or excuse, on which an action might literally be made to depend, without any actual benefit to the party prosecuting it., The referee did not consider these articles to be property within the meaning of the term, as the legislature had used'it in this section of the Code. They were of so trifling a character as to justify the conclusion, and for that reason the court properly denied £he motion to set aside the report, and granted that made by the defendant to set aside the service of the summons and the judgment.”

*Hugh L.*Cole, for the appellants. *William, E.*Stiger, for the respondent.

Opinion by

Daniels, J.

Present — Davis, P. J., Brady and Daniels, JJ.

Orders affirmed.
IB

House Calendar No. 42

106TH CONGRESS

1ST SESSION H. R. 560

[Report No. 106–108]

To designate the Federal building located at 300 Recinto Sur Street in

Old San Juan, Puerto Rico, as the ‘‘Jose ́ V. Toledo United States

Post Office and Courthouse’’.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1999

Mr. ROMERO-BARCELO ́ introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

APRIL 27, 1999

Reported with amendments, referred to the House Calendar, and ordered to

be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To designate the Federal building located at 300 Recinto

Sur Street in Old San Juan, Puerto Rico, as the ‘‘Jose ́

V. Toledo United States Post Office and Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 560 RH

1 SECTION 1. DESIGNATION.

2 The Federal building located at 300 Recinto Sur

3 Street in Old San Juan, Puerto Rico, shall be known and

4 designated as the ‘‘Jos ́e V. Toledo United States Post Of5 fice and Courthouse’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the Federal

9 building referred to in section 1 shall be deemed to be

10 a reference to the ‘‘Jos ́e V. Toledo United States Post Of11 fice and Courthouse’’.

12 SECTION 1. DESIGNATION.

13 The Federal building and United States courthouse lo14 cated at the intersection of Comercio and San Justo Streets,

15 in San Juan, Puerto Rico, shall be known and designated

16 as the ‘‘Jose ́ V. Toledo Federal Building and United States

17 Courthouse’’.

18 SEC. 2. REFERENCES.

19 Any reference in a law, map, regulation, document,

20 paper, or other record of the United States to the Federal

21 building and United States courthouse referred to in section

22 1 shall be deemed to be a reference to the ‘‘Jose ́ V. Toledo

23 Federal Building and United States Courthouse’’.

Amend the title so as to read: ‘‘A bill to designate

the Federal building and United States courthouse located at the intersection of Comercio and San Justo
3

•HR 560 RH

Streets, in San Juan, Puerto Rico, as the ‘Jose ́ V. Toledo

Federal Building and United States Courthouse’.’’.
House Calendar No. 42

106TH CONGRESS

1ST SESSION H. R. 560

[Report No. 106–108]

A BILL

To designate the Federal building located at 300

Rico, as the ‘‘JoseRecinto Sur Street in Old San Juan, Puerto

 ́ V. Toledo United States Post

Office and Courthouse’’.

APRIL 27, 1999

Reported with amendments, referred to the House

Calendar, and ordered to be printed
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NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

IGNITE USA, LLC,

Appellant

v.

PACIFIC MARKET INTERNATIONAL, LLC,

Appellee

______________________

2018-1793

______________________

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2016-

01584.

______________________

JUDGMENT

______________________

STEPHEN M. SCHAETZEL, Meunier Carlin & Curfman, 

LLC, Atlanta, GA, argued for appellant. Also represented 

by JESSICA ANN KEESEE, WARREN JAMES THOMAS. 

 ANTON N. HANDAL, Greenspoon Marder LLP, San Diego, CA, argued for appellee. Also represented by GEORGE 

CHARLES RONDEAU, JR., Davis Wright Tremaine LLP, Seattle, WA. 

 ______________________
THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED:

 PER CURIAM (DYK, MAYER, and CLEVENGER, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

March 7, 2019 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court
#### State of Iowa, appellee, v. George Stanley Newton, appellant.

No. 48942.

(Reported in 74 N.W.2d 687)

*551February 7, 1956.

Vincent F. Powers, of Fort Dodge, for appellant.

Dayton Countryman, Attorney General, and Raphael R. R. Dvorak, Assistant Attorney General, for appellee.

Per Curiam

This ease comes to us on a Clerk’s transcript.

The punishment for carnal knowledge (rape) of imbecile, fixed by section 698.3, is imprisonment for life or any term of years. The statute does not state such crime is a misdemeanor or a felony. Nor does it designate the place of imprisonment therefor. Code section 687.2 states a felony is a public offensé which may be punished with death or by imprisonment in the penitentiary or men’s reformatory. Defendant contended the offense was a misdemeanor punishable- by a jail sentence. He relied upon State v. Di Paglia, 247 Iowa 79, 87 to 90, 71 N.W.2d 601, 605, 606, 607. The trial court overruled this contention and adjudged defendant be- confined in the men’s reformatory. This was correct.

*552Generally, where the statute does not state a crime is a felony or a misdemeanor or classify it by fixing the place of imprisonment, and doubt exists whether it shall be in the state penitentiary or the county jail, the defendant will be given the benefit of the doubt and the offense will be deemed a misdemeanor, punishable by confinement in jail. State v. Di Paglia, supra. However, as there noted, the rule is not applicable where the quantum of punishment bears no natural or reasonable relation to that kind of punishment. Here the statute authorizes imprisonment for life, the most severe imprisonment penalty. Clearly confinement for life has no natural or reasonable relation to confinement in the institution considered the less penal, to wit, the county jail.

Furthermore, carnal knowledge of imbecile is an offense of the same nature and not less aggravated than rape as defined in Code section 698.1, the penalty for which is imprisonment “in the penitentiary for life, or any term of years, not less than five,” and for many years the penalty clause of the carnal knowledge of imbecile statute merely stated — “he shall be punished as provided in the section relating to ravishment.”

We find no error and the judgment is therefore affirmed.— Affirmed.
EXHIBIT 32.1
TECHLABS, INC.
                           SECTION 1350 CERTIFICATIONS
                   CERTIFICATION PURSUANT TO 18 U.S.C. SECTION
                 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

         In connection with the Form 10-QSB of Techlabs, Inc. (the "Company") on
Form 10-QSB for the quarterly period ended September 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jayme
Dorrough, Chief Executive and Financial Officer of the Company, certify,
pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that based on my knowledge:

         1.       The Report fully complies with the requirements of Section
                  13(a) or 5(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.


Date:    December 20, 2005


         /s/ JAYME DORROUGH
         ------------------
         Jayme Dorrough
         Chief Executive and Financial Officer


A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906, OR OTHER
DOCUMENT AUTHENTICATING, ACKNOWLEDGING, OR OTHERWISE ADOPTING THE SIGNATURE THAT
APPEARS IN TYPED FORM WITHIN THE ELECTRONIC VERSION OF THIS WRITTEN STATEMENT
REQUIRED BY SECTION 906, HAS BEEN PROVIDED TO ACCUIMAGE DIAGNOSTICS CORP. AND
WILL BE RETAINED BY ACCUIMAGE DIAGNOSTICS CORP. AND FURNISHED TO THE SECURITIES
AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of an instrument of equivalent scientific value, for the purposes for which the instrument shown below is intended to be used, is being manufactured in the United States. 

Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be filed within 20 days with the Statutory Import Programs Staff, U.S. Department of Commerce, Washington, D.C. 20230. Application may be examined between 8:30 A.M. and 5:00 P.M. in Room 4211, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 

Docket Number: 00-001. Applicant: USDA, Agricultural Research Service, 800 Buchanan Street, Albany, CA 94710. Instrument: Picking and Gridding Q-Bot System. Manufacturer: Genetix Ltd., United Kingdom. Intended Use: The instrument is intended to be used in experiments that will include: isolation, characterization and DNA sequencing of genes from organisms of agronomic importance; gridding of clone collections onto filters for gene isolation and genome characterization; construction of DNA microarrays; rearraying clones and samples into new matrix collections; replication of clones and clone library samples. 

*Application accepted by Commissioner of Customs:*                    January 6, 2000.                 

Frank W. Creel, 

Director, Statutory Import Programs Staff. 

[FR Doc. 00-1657 Filed 1-21-00; 8:45 am] 

BILLING CODE 3510-DS-P
No. 11-5139.

#### Nelson *v.*United States.

Ct. App. D. C. Certiorari denied.
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[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Page 41513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16905]


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

DEPARTMENT OF STATE

[Public Notice 3357]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Drink and Be Merry: Wine and Beer in Ancient Times''

DEPARTMENT: United States Department of State.

ACTION: Notice.

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

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985, 22 U.S.C. 2459), the Foreign Affairs Reform and 
Restructuring Act of 1998 (112 Stat. 2681, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority of 
October 19, 1999, I hereby determine that the objects to be included in 
the exhibition ``Drink and Be Merry: Wine and Beer in Ancient Times'' 
imported from abroad for the temporary exhibition without profit within 
the United States, are of cultural significance. These objects are 
imported pursuant to loan agreements with foreign lenders. I also 
determine that the exhibition or display of the exhibit objects at The 
Jewish Museum, New York, NY from July 30, thru November 5, 2000 is in 
the national interest. The action of the United States in this matter 
and the immunity based on the application of the provisions of the law 
involved does not imply any view o f the United States concerning the 
ownership of these exhibition objects. Further, it is not based upon 
and does not represent any change in the position of the United States 
regarding the status of Jerusalem or the territories 1978, of President 
Jimmy Carter, attached to the Camp David Accords, reprinted in 78 Dept. 
of State Bulletin 11 (October 1978); Statement of September 1, 1982 of 
President Ronald Reagan, reprinted in 82 Dept. of State Bulletin 23 
(September 1982). Public Notice of these Determinations is ordered to 
be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of exhibit objects, contact Carol Epstein, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202/
619-6981). The address is U.S. Department of State, SA-44; 301-4th 
Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: June 23, 2000.
William B. Bader,
Assistant Secretary for Educational and Cultural Affairs, U.S. 
Department of State.
[FR Doc. 00-16905 Filed 7-4-00; 8:45 am]
BILLING CODE 4710-08-P
69-008

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–30

PROVIDING FOR THE CONSIDERATION OF H.R. 669, TO AMEND THE PEACE

CORPS ACT TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEARS 2000

THROUGH 2003 TO CARRY OUT THAT ACT

FEBRUARY 24, 1999.—Referred to the House Calendar and ordered to be printed

Mr. DIAZ-BALART, from the Committee on Rules,

submitted the following

REPORT

[To accompany H. Res. 83]

The Committee on Rules, having had under consideration House

Resolution 83, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

BRIEF SUMMARY OF PROVISIONS OF RESOLUTION

The resolution provides for the consideration of H.R. 669, ‘‘To

Amend the Peace Corps Act to Authorize Appropriations for Fiscal

Years 2000 through 2003 to Carry Out that Act’’ under an open

rule. The rule provides one hour of general debate divided equally

between the chairman and ranking minority member of the Committee on International Relations.

The rule provides that the bill shall be considered as read. The

rule authorizes the Chair to accord priority in recognition to Members who have preprinted their amendments in the Congressional

Record. The rule allows for the Chairman of the Committee of the

Whole to postpone votes during consideration of the bill, and to reduce voting time to five minutes on a postponed question if the vote

follows a fifteen minute vote. Finally, the rule provides one motion

to recommit with or without instructions.

Æ