alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 52550.

protest 695029-G (Los An-geles) .

#### Mutual Supply Co. *v.*United States,

Opinion by

Cole, J.

At the trial it was established that the product in question is a concentrated syrup “like Coca-Cola or some of these other fountain drinks,” used as a beverage when mixed with water, at a ratio of three or four parts water to one part durikomo. Following Abstract 36071, the claim at 20 percent under paragraph 1558 was sustained.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PABLO ESPINOZA CORNELIO,

Petitioner,

v.

MERRICK B. GARLAND, Attorney

General,

Respondent. No. 14

- 72258

Agency No. A092

- 203

- 262

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted August 17, 2021 * *

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

Pablo Espinoza Cornel io, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s decision den ying his application for cancellation of removal

.

We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 26 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 14

- 72258

Coronado v. Holder , 759 F.3d 977, 98 2 (9th Cir. 2014)

. We deny the petition for

review.

The agency properly denied cancellation of removal, where Espinoza

Cornelio failed to meet his burden of proof to establish that his conviction under

California Health & Safety Code section 113 60 (a) does not constitute a n

aggravated felony drug trafficking offense that renders him ineligible for

cancellation of removal

. See 8 U.S.C. § § 1101(a)(43)(B), 1229b(a) (3); Pereida v.

Wilkinson , 141 S. Ct. 754, 766 (2021) ( an inconclusive conviction record is

insufficient to meet applicant’s burden of proof to show eligibility for relief )

.

The stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.
### UNITED STATES NAVY

- MARINE CORPS

COURT OF CRIMINAL APPEALS

WASHINGTON, D.C.

Before

D.C. KING, A.Y. MARKS, P.D. LOCHNER

Appellate Military Judges

UNITED STATES OF AMERICA

v.

DEQUAN R. WALKER

AVIATI ON ORDNANCEMAN AIRMAN APPRENTICE (E

- 2), U.S. NAV Y

NMCCA 201600055

GENERAL COURT

- MARTIAL

Sentence Adjudged: 26 October 2015

. Military Judge: CAP T Charles Purnell, JAGC, USN

. Convening Authority: Commander, Navy Region Mid

- Atlantic,

Norfolk, VA

. Staff Judge Advocate's Recommendation: CDR A.R. House, JAGC,

USN

. For Appellant: CAPT Bree A. Ermentrout, JAGC, USN.

For Appellee: Brian K. Keller , Esq

.

2 1 April 2016

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

OPINION OF THE COURT

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

Af ter careful consideration of the record, submitted without

assignment of error, we affirm the findings and sentence as approved

by the convening authority. Art. 66(c), Uniform Code of Military

Justice, 10 U.S.C. § 866(c).

For the Court

R.H. TROIDL

Clerk of Court
# C_2016145EN.01002301.xml

| 25.4.2016 | EN | Official Journal of the European Union | C 145/23 |
| --- | --- | --- | --- |

25.4.2016

EN

Official Journal of the European Union

C 145/23

---

Reference for a preliminary ruling from Upper Tribunal (Tax and Chancery Chamber) (United Kingdom) made on 15 February 2016 — The English Bridge Union Limited v Commissioners for Her Majesty's Revenue & Customs

(Case C-90/16)

(2016/C 145/29)

Language of the case: English

Referring court

Referring court

Upper Tribunal (Tax and Chancery Chamber)

Parties to the main proceedings

Parties to the main proceedings

Applicant: The English Bridge Union Limited

Applicant:

Defendant: Commissioners for Her Majesty’s Revenue & Customs

Defendant:

Questions referred

Questions referred

| 1. | What are the essential characteristics which an activity must exhibit in order for it to be a ‘sport’ within the meaning of article 132(1)(m) of Council Directive 2006/112/EC (1) of 28th November 2006 (‘the Principal VAT Directive’)? In particular must an activity have a significant (or not insignificant) physical element which is material to its outcome or is it sufficient that it has a significant mental element which is material to its outcome? |
| --- | --- |

1.

What are the essential characteristics which an activity must exhibit in order for it to be a ‘sport’ within the meaning of article 132(1)(m) of Council Directive 2006/112/EC (1) of 28th November 2006 (‘the Principal VAT Directive’)? In particular must an activity have a significant (or not insignificant) physical element which is material to its outcome or is it sufficient that it has a significant mental element which is material to its outcome?

1

| 2. | Is duplicate contract bridge a ‘sport’ within article 132(1)(m) of the Principal VAT Directive? |
| --- | --- |

2.

Is duplicate contract bridge a ‘sport’ within article 132(1)(m) of the Principal VAT Directive?

---

(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax

1

OJ L 347, p. 1

---
No. 65427.

#### The Arrow Upholstery Co. et al. *v.*United States,

protests 58/7455, etc. (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of figures similar in all material respects to those passed upon in *Wm. S. Pitcairn Corp.*v. *United States*(39 C.C.P.A. 15, C.A.D. 458), the claim of the plaintiffs was sustained.
Before the First Division,

December 3, 1958

No. 62510.

#### Teigh, Inc. *v.*United States,

protest 327495-K (New York).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of glass bead Christmas tree ornaments similar in all material respects to those the subject of *Walco Bead Co., Inc.*v. *United States*(29 Cust. Ct. 62, C. D. 1445), the claim of the plaintiff was sustained.
IN THE UNITED STATES DISTRICT COURT

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

 

 

FELIX D. WHITTINGTON,

 Plaintiff,

 v.

DONALD VAUGHN, et al.,

 Defendants.

 CIVIL ACTION

 NO. 02-4346

O R D E R

AND NOW, this 8th day of October, 2002, it is hereby ORDERED that the attached

communications shall be filed by the Clerk.

BY THE COURT:

 

_______________________________________

MARVIN KATZ, S.J.

Case 2:02-cv-04346-MK Document 33 Filed 10/08/2002 Page 1 of 1
[Federal Register Volume 72, Number 35 (Thursday, February 22, 2007)]
[Notices]
[Page 8028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2913]


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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice (07-014)]


Government-Owned Inventions, Available for Licensing

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of availability of inventions for licensing.

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

SUMMARY: The invention listed below assigned to the National 
Aeronautics and Space Administration, has been filed in the United 
States Patent and Trademark Office, and is available for licensing.

DATES: February 22, 2007.

FOR FURTHER INFORMATION CONTACT: Randy Heald, Patent Counsel, Kennedy 
Space Center, Mail Code CC-A, Kennedy Space Center, FL 32899; telephone 
(321) 867-7214; fax (321) 867-1817.
    NASA Case No. KSC-12878: Bimetallic Treatment System and Its 
Application for Removal and Remediation of Polychlorinated Biphenyls 
(PCBs); NASA Case No. KSC-12899: Emission Control System; NASA Case No. 
KSC-12798: Data Acquisition System.

    Dated: February 9, 2007.
Keith T. Sefton,
Deputy General Counsel, Administration and Management.
[FR Doc. E7-2913 Filed 2-21-07; 8:45 am]
BILLING CODE 7510-13-P
No. 59989.

#### Bourjois Mfg. Corp. et al. *v.*United States,

protests 281546-K, etc. (New York).

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of essential oils the same in all material respects as those the subject of *Ungerer & Co., Inc.*v. *United States*(33 Cust. Ct. 152, C. D. 1647), the claim of the plaintiffs was sustained.
December 11, 1952

No. 56990.

Suit 4676.

#### T. M. Duche & Sons *v.*United States.

C. D. 1300 affirmed March 18, 1952. C. A. D. 485.
No. 64765.

#### International Packers, Ltd. *v.*United States,

protest 59/34186 (San Francisco).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of prepared or preserved pork similar in all material respects to that the subject of *C. J. Tower & Sons*v. *United States*(43 Cust. Ct. 36, C.D. 2100), the claim of the plaintiff was sustained.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001051829
<NAME>                        MERRILL LYNCH PREFERRED CAPITAL TRUST III
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                        DEC-31-1999
<PERIOD-START>                           DEC-26-1998
<PERIOD-END>                             MAR-26-1999
<CASH>                                             0
<SECURITIES>                             773,196,000
<RECEIVABLES>                             13,530,930
<ALLOWANCES>                                       0
<INVENTORY>                                        0
<CURRENT-ASSETS>                         786,726,930
<PP&E>                                             0
<DEPRECIATION>                                     0
<TOTAL-ASSETS>                           786,726,930
<CURRENT-LIABILITIES>                     13,530,930
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                              750,000,000
<COMMON>                                  23,196,000
<OTHER-SE>                                         0
<TOTAL-LIABILITY-AND-EQUITY>             786,726,930
<SALES>                                            0
<TOTAL-REVENUES>                          13,530,930
<CGS>                                              0
<TOTAL-COSTS>                                      0
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                                 0
<INCOME-PRETAX>                           13,530,930
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                       13,530,930
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                              13,530,930
<EPS-PRIMARY>                                      0
<EPS-DILUTED>                                      0
        


</TABLE>
No. 57655.

#### Gaillet & Hartig Co., Inc. v. United States,

protests 208957-K and 208261-K (New York).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of cellophane sheets similar in all material respects to those the subject of *Coughlin Mfg. Co.*v. *United States*(27 Cust. Ct. 40, C. D. 1345) and *Gillette Safety Razor Co.*v. *United States*(27 Cust. Ct. 44, C. D. 1346), the claim of the plaintiff was sustained.
Part 1 DRAFT Fiscal Year 2023 Reporting 

SUPPLEMENT Section VII 

U.S. Standard General Ledger 

Closing Edits Detail Report 

Bulletin No. 2023-11 DRAFT VII CER - 1 IRC Handout 8/23/23

Edit Rule Number: 21 

Rule Name: Fiscal Year Budgetary Closing Edit 

Description: The amount for the current fiscal year beginning USSGL accounts must equal the amount for the 

GTAS calculated beginning balances. 

Rule Type: CL: Closing Edits 

Operand: Equal (=) 

Fatal Period: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12 

 

Closing Rule Number: 21.420190 

Closing USSGL Account: 420190 Total Actual Resources - Collected - International Monetary Fund 

Calculated Preclosing Balance 420190 Beginning Balance 

USSGL Account 

Number Begin/End Indicator 

USSGL Account 

Number Begin/End Indicator 

439190 E 420190 B
# C_2018005EN.01001001.xml

| 8.1.2018 | EN | Official Journal of the European Union | C 5/10 |
| --- | --- | --- | --- |

8.1.2018

EN

Official Journal of the European Union

C 5/10

---

Judgment of the Court (Third Chamber) of 9 November 2017 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Teodor Ispas, Anduţa Ispas v Direcţia Generală a Finanţelor Publice Cluj

(Case C-298/16) (1)

1

((Reference for a preliminary ruling - General principles of EU law - Right to good administration and rights of the defence - National tax rules providing for the right to be heard and the right to be informed during an administrative tax procedure - Decision to levy value added tax issued by the national tax authorities without giving the taxpayer access to the information and the documents upon which that decision was based))

(2018/C 005/12)

Language of the case: Romanian

Referring court

Referring court

Curtea de Apel Cluj

Parties to the main proceedings

Parties to the main proceedings

Applicants: Teodor Ispas, Anduţa Ispas

Applicants:

Defendant: Direcţia Generală a Finanţelor Publice Cluj

Defendant:

Operative part of the judgment

Operative part of the judgment

The general principle of EU law of respect for the rights of the defence must be interpreted as a requirement that, in national administrative procedures of inspection and establishment of the basis for the assessment of value added tax, an individual is to have the opportunity to have communicated to him, at his request, the information and documents in the administrative file and considered by the public authority when it adopted its decision, unless objectives of public interest warrant restricting access to that information and those documents.

---

(1)  OJ C 314, 29.08.2016.

1

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-4405

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOVAN MARQUELL MCLAUGHLIN,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Charlotte. Robert J. Conrad, 

Jr., District Judge. (3:08-cr-00147-RJC-1)

Submitted: January 26, 2017 Decided: February 7, 2017 

Before GREGORY, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Roderick G. Davis, LAW OFFICE OF RODERICK G. DAVIS, PLLC, 

Charlotte, North Carolina, for Appellant. Jill Westmoreland 

Rose, United States Attorney, Amy E. Ray, Assistant United 

States Attorney, Asheville, North Carolina, for Appellee. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jovan Marquell McLaughlin appeals the judgment revoking his 

supervised release and sentencing him to 12 months imprisonment. 

On appeal, McLaughlin alleges that the district court erred by 

denying his motion to continue his revocation hearing so that he 

could receive a competency hearing under 18 U.S.C. § 4241(a) 

(2012). For the reasons that follow, we affirm.

We review for abuse of discretion the district court’s 

denial of a continuance. United States v. Williams, 445 F.3d 

724, 738-39 (4th Cir. 2006). Whether reasonable cause exists to 

hold a hearing under § 4241(a) “is a question left to the sound 

discretion of the district court.” United States v. Bernard, 

708 F.3d 583, 592 (4th Cir. 2013). We find no reversible error 

by the district court in declining to continue McLaughlin’s 

revocation hearing to permit McLaughlin’s evaluation under 

§ 4241. The district court perceived McLaughlin’s behavior was 

a product of his defiance and adherence to Moorish Nationalist

ideals, rather than any mental instability or inability to

understand his revocation proceedings. This was well within the 

discretion of the district court. Bernard, 708 F.3d at 592; see

United States v. James, 328 F.3d 953, 954 (7th Cir. 2003) 

(explaining that Moorish Nationals believe that they “need obey 

only those laws mentioned in an ancient treaty between the 

United States and Morocco”). 
3

Accordingly, we affirm, the district court’s judgment. 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
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 : 

LEE ARTERS t/a GREENDALE BUILDERS : CIVIL ACTION - LAW 

 : 

 : 

 Plaintiff, : 

 : 

 v. : 

: No. 02-CV-4388 

ZURICH AMERICAN INSURANCE CO. t/a, : 

ZURICH NORTH AMERICA as successor in : 

Interest to ASSURANCE CO. OF AMERICA, et al. : 

 : 

 : 

 Defendants. : 

 : 

CERTIFICATE OF SERVICE

 The undersigned counsel hereby certifies that on this day a true and correct copy of the 

foregoing Notice of Appeal was served by first class mail, postage prepaid, addressed as follows 

upon the following: 

Honorable John P. Fullam 

Room 15614 

United States District Court for the Eastern District of Pennsylvania 

United States Courthouse 

601 Market Street 

Philadelphia, PA 19106 

Carl Delacato, Jr., Esquire 

Hecker, Brown, Sherry & Johnson, LLP 

1700 Two Logan Square 

18th and Arch Streets 

Philadelphia, PA 19103 

Philip A. Charamella, Esquire 

Law Offices of Michael D. Fioretti 

The Bourse Building 

111 South Independence Mall East, Suite 790 

Philadelphia, PA 19106-2323 

Case 2:02-cv-04388-JF Document 27-2 Filed 12/18/2003 Page 1 of 2
 VAUGHAN, DUFFY & CONNORS, LLP 

 

 By: ________________________________ 

 Francis X. Nolan, Esquire 

 Attorney I.D. No. 09237 

 Attorney for Plaintiff 

 102 Pickering Way, Suite 400 

 Exton, PA 19341 

 (610) 524-2100 

Date: December 18, 2003 

Case 2:02-cv-04388-JF Document 27-2 Filed 12/18/2003 Page 2 of 2
12 M AY 2015

Twelfth Court of Appeals

1517 West Front Street

Suite 354

Tyler, TX 75702

Re: Marquel Scott v. State

12

- 14

- 00011

- CR

Ms. Lusk :

Attached, please find a copy of the letter sent to my client regarding the opinion issued by the

Court and the right to file a PDR

.

If there is anything else I need to do, please let me know.

Sincerely,

/s/ Austin Reeve Jackson ACCEPTED

12-14-00011-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

5/12/2015 12:07:06 PM

CATHY LUSK

CLERK5 M AY 2015

Mr. Marquel Scott

Inmate: 01908010

Polunsky Unit

3872 FM 350 South

Livingston, TX 77351

Re: Opinion

Mr. Scott Marquel:

Please find enclosed a copy of opinion issued by the Twelfth Court of Appeals in your case. The

Court ha s affirmed your conviction.

Should you desire to do so, you do have the right to file a pro se Petition for Discretionary

Review in the Court of Criminal Appeals. If you decide to pursue that option you must file your

petition prior to the expiration of thirty days from the date of the court’s opinion. That is by, 30

May 2015.

I would be happy to address any questions or concerns you have if you will simply let me know.

Sincerely,

Austin Reeve Jackson
SS-7039 (October 2011) 1 RDA 1693

Department of State

Division of Publications

312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower

Nashville, TN 37243

Phone: 615-741-2650

Fax: 615-741-5133

Email: register.information@tn.gov

For Department of State Use Only 

Sequence Number:

Rule ID(s):

File Date:

Effective Date:

Rulemaking Hearing Rule(s) Filing Form

Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing. T.C.A. § 4-5-205

Agency/Board/Commission: Environment & Conservation

Division: Air Pollution Control

Contact Person: Lacey J. Hardin

Address: 9th Floor L & C Annex

401 Church Street

Nashville, Tennessee 

Zip: 37243-1531

Phone: (615) 532-0545

Email: Lacey.Hardin@tn.gov

Revision Type (check all that apply):

X Amendment

New

Repeal

Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste 

additional tables to accommodate multiple chapters. Please enter only ONE Rule Number/Rule Title per row)

Chapter Number Chapter Title

1200-03-09 Construction and Operating Permits

Rule Number Rule Title

1200-03-09-.01 Construction Permits
SS-7039 (October 2011) 2 RDA 1693

(Place substance of rules and other info here. Statutory authority must be given for each rule change. For 

information on formatting rules go to http://state.tn.us/sos/rules/1360/1360.htm)

Chapter 1200-03-09

Construction and Operating Permits

Subpart (vi) of part 47 of subparagraph (b) of paragraph (4) of rule 1200-03-09-.01 Construction Permits is 

amended by deleting the subpart part in its entirety and replacing it with a new subpart as follows:

(vi) Particulate Matter (PM) emissions, PM2.5 emissions and PM10 emissions shall 

include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in 

PSD permits. Compliance with emissions limitations for PM, PM2.5, and PM10

issued prior to this date shall not be based on condensable particulate matter 

unless required by the terms and conditions of the permit or the applicable 

implementation plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation 

of this paragraph unless the applicable implementation plan required condensable 

particulate matter to be included.

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

HEALTHCARE ADVOCATES INC. : CIVIL ACTION

:

vs. :

:

HARDING, EARLEY, FOLLMER & : NO. 05-3524

 FRAILEY, et al. :

AMENDED JUDGMENT

 AND NOW, this 16th day of March, 2012, it is hereby ORDERED that the

amount of Judgment entered on September 10, 2007 (Doc. No. 86) is hereby amended and

Judgment is hereby entered in the amount of Eight Thousand, Six Hundred and Forty-eight

Dollars and Sixty Cents ($8,648.60).

BY THE COURT:

 /s/ Robert F. Kelly 

ROBERT F. KELLY

SENIOR JUDGE 

Case 2:05-cv-03524-RK Document 89 Filed 03/16/12 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

Duarte Blamo Davies

Petitioner,

v.

John Ashcroft, Attorney

General

Respondent.

:

:

:

:

:

:

:

:

:

:

CIVIL ACTION NO. 02-4459

ENTRY OF APPEARANCE

Kindly enter my appearance on behalf of the Respondent

in the above-captioned matter. 

 

SUSAN R. BECKER

Assistant United States Attorney 

615 Chestnut Street, Suite 1250 

Philadelphia, PA 19106

Tel: (215)861-8310

Fax: (215)861-8642

Dated: August 13, 2002

Case 2:02-cv-04459-SD Document 9 Filed 08/13/2002 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that on this date I caused a true and

correct copy of the foregoing to be served by first-class United

States mail, postage prepaid, upon the following: 

Duartie Blamo Davies

A73 034 544

Berks County Prison

1287 County Welfare Road

Leesport, PA 19533

Pro se

 

SUSAN R. BECKER

Assistant United States Attorney

Dated: August 13, 2002 

Case 2:02-cv-04459-SD Document 9 Filed 08/13/2002 Page 2 of 2
No. P68/246.

protest 67/68096 (New York).

#### Mosom Export Import Corp. *v.*United States,

Ford, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protest consists of woven fabrics in the piece with fibers wholly of silk similar in all material respects to those the subject of *Pongees Corp. et al.*v. *United States*(44 Cust. Ct. 496, Abstract 64266), the claim of the plaintiff was sustained.