alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State *v.*Josiah Hardy *&*als.

Two distinct offences are not charged by an indictment alleging that the respondents made an assault upon, one B./attempting thereby by intimidations to procure said B. to avoid voting at an annual town meeting. • • ■ . . . , •

Indictment alleging that the respondents on the. twelfth • day' of March, ''1861,■ at Haverhill,-in! said county, withi force -and- -arms,’did make an assault upon orieGeoi-ge-G».Butler/-and'hinq the said Butler, ■- did then and: there, :b eat,, bruise-, kick, wound and ill treat,: attempting thereby by intimidations to procure said Butler to. avoid voting at: the: annual town meeting :of said town of Haverhill, the said town meeting being then and there legally.and duly held and in, séssion-.”’

Respondents-moved to quash the. indictment, upon-the : ground that iff charged two distinct offences'.:- The court overruled the .motion, and respondents-excepted,, arid the questions of law are .reserved.

*¿Solicitor,*fdr.the.-Stát’e.:

*■ H. S G. A- Bingham,*and *.Putnam,*for respondent...

Smith; J.

'This is’a good indictment for violation off sec..2Q,- chap.' 26, Comp.,-Statutes’,-which inflicts,a-penalty on :any. person who shall attempt- to - procure,-by -threats .-or 'intimidations,,.any .other person to ay.oid:voting at ariyotownuneeting.-. ’The.-assault set forth.in this indictment is mot alleged ns. a substantive'offence/ but ,aa a -specific. statement' of.the.mariner/in.-iyhich/thé; respondents' -atterripted' to... prevent ¡Butlerf from-voting! - .The -gist- of tbe 'offence laid is ..the' attempt,-., and the-.as-.. sault is alleged merely to describe "the act, which, in,. combination, with, ? tbe intent, is sigriifieel-iby'-the .word.of, compound, meaning; 'attempt.’!

It- is .questionable.-, whether fthe* indictment- would, have- béenósufficieut; if it had not contained the averment of an assault. See *Randolph*v. *The Commonwealth,*6 *Serg. &*Rawle 398; Commonwealth v. Clark, 6 Grattan 675; 1 Bishop on Criminal-Procedure; secs. 566-8.

Exception overruled.
#### The State ex rel. Shotts, Appellant, *v.*Austin Powder Company et al., Appellees.

[Cite as *State ex rel. Shotts v. Austin Powder Co.*(1999), 84 Ohio St.3d 429.]

(No. 96-2342

Submitted January 13, 1999

Decided February 10, 1999.)

*430
      *Michael J. Muldoon,*for appellant.

*Duvin, Cahn & Hutton*and *Christine C. Covey,*for appellee Austin Powder Company.

*Betty D. Montgomery,*Attorney General, and *Craigg E. Gould,*Assistant Attorney General, for appellee Industrial Commission.

*431
      *Per Curiam.*

Claimant asserts that he can do no work and offers the difference between pre-injury and post-injury earnings as proof of IEC. The commission was unpersuaded by claimant’s position, as are we.

The commission’s order contains several reasons for denying IEC compensation, any of which alone could sustain its decision. Evidence of decreased wages, for example, does not establish an impaired earning capacity, which “connotes not what claimant *did*earn, but what he or she *could have*earned.” (Emphasis *sic.) State ex rel. Eaton Corp. v. Indus. Comm.*(1993), 66 Ohio St.3d 180, 183-184, 610 N.E.2d 992, 995; *State ex rel. Johnson v. Indus. Comm.*(1988), 40 Ohio St.3d 384, 387, 533 N.E.2d 775, 778.

The commission also supported with “some evidence” its determination that there was no causal relationship-between claimant’s allowed condition and his alleged IEC. It observed that claimant’s allowed condition consisted solely of what was then a fourteen-year-old strain/sprain for which he no longer received treatment. It accordingly rejected claimant’s assertion of an injury-related inability to work, relying on the reports of Drs. Fallon and Gatens, which established a physical capacity for both rehabilitation and reemployment.

Finally, in speculating as to the true reason for claimant’s unemployment, the commission issued two findings that, in and of themselves, additionally support a denial of IEC compensation. First, the commission noted that the sole condition for which claimant was being treated was a nonallowed psychiatric ailment. Compensation, however, cannot be based in whole or part on nonallowed conditions. *State ex rel. Waddle v. Indus. Comm.*(1993), 67 Ohio St.3d 452, 619 N.E.2d 1018. The commission also found that claimant was receiving Social Security benefits and simply had no interest in working — an assertion that claimant does not vigorously dispute. Because a claimant cannot successfully assert an IEC absent a desire to work, the commission’s finding presents an additional justification for denying IEC compensation. See *State ex rel. Pauley v. Indus. Comm.*(1990), 53 Ohio St.3d 263, 559 N.E.2d 1333.

For these reasons, the judgment of the court of appeals is affirmed.

*Judgment affirmed.*

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
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# District: 11
Federal Reserve Bank of: Dallas

## Filings received during the week ending October 17, 2009

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

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#### § 67.513 Application for evidence of deletion from documentation.

An application fee is charged for evidence of deletion from documentation in accordance with subpart L of this part.
```

[Journal of the House of Representatives, 1995]
[Tuesday, March 14, 1995 (44), Para 44.33 Committees and Subcommittees to Sit]
[Page 381]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.44.33  committees and subcommittees to sit

  On motion of Mr. GOODLING, by unanimous consent, the following 
committees and their subcommittees were granted permission to sit during 
the 5-minute rule on Wednesday, March 15, 1995: the Committee on Banking 
and Financial Services, the Committee on Commerce, the Committee on 
Economic and Educational Opportunities, the Committee on Government 
Reform and Oversight, the Committee on House Oversight, the Committee on 
International Relations, the Committee on the Judiciary, the Committee 
on National Security, and the Committee on Resources.
```
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# District: 4
Federal Reserve Bank of: Cleveland

## Filings received during the week ending April 18, 2009

|Filer                                   | Filing Type   | Filing Proposal                                                                                                                                                                                                                                                                                                           | End of Comment Period                                
|--------------------------------------- | ------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------------
|CITIZENS GUARANTY FINANCIAL CORPORATION | CIC           | Interagency Notice of Change in Bank Control submitted by the John M. St. Clair, Jr. Trust, Irvine, KY (Kathy Dale Samples, Trustee) of its intent to retain control of 100% of the outstanding voting shares of Citizens Guaranty Financial Corporation, Irvine, KY which controls Citizens Guaranty Bank, Richmond, KY. | Newspaper:Not availableFederal Register:Not available
|Newspaper:                              | Not available
|Federal Register:                       | Not available
|GENBANC, INC.                           | CIC           | Notice of Change in Bank Control by Timothy J. Fisher, Elizabeth M. Fisher, Linda M. Bertok, Dorothy O. Johnson, Audrey W. Yackee, and Russelll E. Yackee to retain control of GenBanc, Inc., Genoa, Ohio                                                                                                                 | Newspaper:05/07/2009Federal Register:05/05/2009      
|Newspaper:                              | 05/07/2009   
|Federal Register:                       | 05/05/2009   

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

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---

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# District: 1
Federal Reserve Bank of: Boston

## Filings received during the week ending May 2, 2009

|Filer                       | Filing Type   | Filing Proposal                                                                                                                                                                                                                                                                                                                        | End of Comment Period                                
|--------------------------- | ------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------------
|BSB Bancorp, MHC            | * 3A1* 3A3    | Application by BSB Bancorp, MHC and BSB Bancorp, Inc., both of Belmont, Massachusetts - to become a mutual bank holding company and stock bank holding company, respectively, by acquiring Belmont Savings Bank, Belmont, Massachusetts, pursuant to sections 3(a)(1) and 3(a)(3) of the Bank Holding Company Act of 1956, as amended. | Newspaper:Not availableFederal Register:Not available
|Newspaper:                  | Not available
|Federal Register:           | Not available
|DIME MUTUAL HOLDING COMPANY | * 3A1         | Application filed by Dime Mutual Holding Company, Norwich, Connecticut to become a mutual bank holding company through the acquisition of 100% of the voting shares of Dime Bank, Norwich, Connecticut, pursuant to section 3(a)(1) of the BHC Act.                                                                                    | Newspaper:Not availableFederal Register:05/26/2009   
|Newspaper:                  | Not available
|Federal Register:           | 05/26/2009   

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

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EXHIBIT 99.15
 CONSENT OF EXPERT
   (a)
    
    under the headings The Nuclear Business  Reserves and Resources, The Nuclear
Business  Development Projects  Cigar Lake and Interest of Experts in the
Corporations Annual Information Form for the year ended December 31, 2008 dated March
27, 2009 for the Cigar Lake property; and(b)
    
    under the headings Our Mineral Reserves and Resources  Mineral Reserves and
Resources and Qualified Persons in Managements Discussion and Analysis of Financial
Condition and Results of Operation for the year ended December 31, 2008 dated February
16, 2009 for the Cigar Lake property,
    /s/Grant J. H. GoddardName:
    
    Grant J. H. Goddard, P. Eng.Title:
    
    General Manager, Cigar Lake project, Cameco Corporation
### THE THIRTEENTH COURT OF APPEALS

13

- 16

- 00496

- CV

Elayne Mattar, Individually ; J&E Eubanks, Inc. ; Elayne Mattar, Trustee of the James E. Eubanks and Virginia L. Eubanks Family Trust ; Mark Maximillian Milam, Independent Executor of the Estate of James E. Eubanks, Deceased; and Mark Maximilliam Milam, Independent Executor of the Estate of Virginia L. Eubanks, Deceased v. BBVA Compass Bank, NA

On a ppeal from the 103rd District Court of Cameron County , Texas Trial Cause No. 2011

- DCL

- 5175

JUDGMENT
THE THIR TEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the judgment of the trial court should be affirmed in part, and reversed in part, and the case should be remanded

. The Court orders the judgment of
the trial court AFFIRMED IN PART , and RE VERSED IN PART, and the case is REMANDED for further proceedings consistent with its opinion. Costs of the appeal are adjudged 80% against appellant s and 20% against a ppell ee

. We further order this decision certified below for observance. May 31, 2018
[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Notices]
[Pages 32057-32058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2881]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Southwest Washington Province Advisory Committee Meeting Notice

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Southwest Washington Province Advisory Committee will meet 
on Friday, July 13, 2007, at the Gifford Pinchot National Forest 
Headquarters, 10600 NE 51st Circle, Vancouver, WA 98682. The meeting 
will begin at 9:30 a.m. and continue until 4 p.m.
    The purpose of the meeting is to share information and receive 
feedback on: Special Forest Products on the Gifford Pinchot National 
Forest; Update on the Gifford Pinchot National Forest's Flood Damage; 
and to share information among Committee members.
    All Southwest Washington Province Advisory Committee meetings are 
open to the public. Interested citizens are encouraged to attend. The 
``open forum'' provides an opportunity for the public to bring issues, 
concerns, and discussion topics to the Advisory Committee. The ``open 
forum'' is scheduled for 1:30 p.m. Interested speakers will need to 
register prior to the open forum period. The committee welcomes the 
public's written comments on Committee business at any time.

FOR FURTHER INFORMATION CONTACT: Chris Strebig, Public Affairs Officer, 
at (360) 891-5005, or write Forest Headquarters Office: Gifford Pinchot 
National Forest, 10600 NE 51st Circle, Vancouver, WA 98682.


[[Page 32058]]


    Dated: June 4, 2007.
Claire Lavendel,
Forest Supervisor.
[FR Doc. 07-2881 Filed 6-8-07; 8:45 am]
BILLING CODE 3410-11-M
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LEDELL HAMMOND,

Plaintiff, Case No. 15-12051

v. Paul D. Borman

United States District Judge

CITY OF TROY, ET AL.,

R. Steven Whalen

 Defendants. United States Magistrate Judge

_________________________________/

OPINION AND ORDER 

ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

(ECF NO. 55) AND DISMISSING WITH PREJUDICE PLAINTIFF’S CLAIMS

AGAINST DEFENDANT RUTH JOHNSON, THE MICHIGAN SECRETARY

OF STATE

Before the Court is Magistrate Judge R. Steven Whalen’s Report and

Recommendation recommending that the Court sua sponte dismiss Defendant Ruth

Johnson, the Michigan Secretary of State based on Eleventh Amendment immunity

and a lack of subject matter jurisdiction. (ECF No. 55, Report and Recommendation). 

Plaintiff did not file an objection to the Report and Recommendation.

Having reviewed the Report and Recommendation and there being no timely

objections under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(b), the Court

ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 55) and 

2:15-cv-12051-PDB-RSW Doc # 58 Filed 03/21/16 Pg 1 of 2 Pg ID 369
DISMISSES WITH PREJUDICE the claims against Defendant Ruth Johnson.

IT IS SO ORDERED.

s/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: March 21, 2016

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing order was served upon each

attorney or party of record herein by electronic means or first class U.S. mail on

March 21, 2016.

s/Deborah Tofil 

Case Manager

2

2:15-cv-12051-PDB-RSW Doc # 58 Filed 03/21/16 Pg 2 of 2 Pg ID 370
MOTION DOCKET

97-1618.

#### Ameritech Ohio v. Pub. Util. Comm.

Public Utilities Commission, No. 97-654-TP-CSS. On motion for leave to intervene of Ohio Cable Telecommunications Association and motion for leave to intervene of Ohio Consumers’ Counsel. Motions granted.

Resnick, J., not participating.
Order entered July 31, 2019

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 19

- 00780

- CV

WHITE NILE SOFTWARE, INC., Appellant

V.

CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL , LLP, App ellee

On Appeal from the 14th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC

- 18

- 17105



### O RDER

Before the Court is appellant’s July 30, 2019 motion for an extension of time to file its

brief on the merits. We GRANT the motion and ex tend the time to August 21, 2019

.

/s/ KEN MOLBERG

JUSTICE
<PAGE>

EXHIBIT  11 - Computation of Basic and Diluted Earnings Per Share

<TABLE>
<CAPTION>
                                                          Three Months Ended                     Six Months Ended
                                                               June 30,                              June 30,
                                                    --------------------------------      ------------------------------
                                                          1999               1998               1999              1998
                                                          ----              -----               ----              ----
<S>                                                 <C>                  <C>               <C>                  <C>
Net income
     (used in basic EPS computation)                 $ (259,332)          $  224,231        $   76,211        $  528,566

  Adjustments to net income per
    assumed effect of dilutive securities:

      Interest on convertible notes, net of tax           7,872               48,120            17,576           111,951
       effect                                        ----------           ----------        ----------        ----------

  Adjusted earnings for diluted earnings per
    share computation                                $ (251,460)          $  272,351        $   93,787        $  640,517
                                                     ==========           ==========        ==========        ==========


  Weighted average number of shares
    outstanding for calculating basic earnings
    per share                                         2,015,227            1,690,479         2,011,189         1,553,870

  Effect of dilutive securities:
    Options and warrants                                 71,277               82,118            68,228           194,228
    Convertible notes                                    68,375              393,757            73,039           406,097
                                                     ----------           ----------        ----------        ----------

  Weighted average number of shares
    outstanding for calculation of diluted
    earnings per share                                2,154,879            2,166,354         2,152,456         2,154,195
                                                     ==========           ==========        ==========        ==========

  Basic earnings per share                           $    (0.13)          $     0.13        $     0.04        $     0.34
                                                     ==========           ==========        ==========        ==========

  Diluted earnings per share                         $    (0.13)          $     0.13        $     0.04        $     0.30
                                                     ==========           ==========        ==========        ==========
</TABLE>
/(1)/  Anti-dilutive
**Exhibit      32.1**

| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                March 31, 2006 |   | /s/                Stephen J. Benedetti                                              |
|-------------------------------------|--------|--------------------------------------------------------------------------------------|
|                                |   | Stephen                J. Benedetti                                                  |
|                                |   | Principal                Executive Officer andChief                Operating Officer |
|                                |   |                                                                                 |
|                                |   |                                                                                 |