alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dama W. HORNBECK and James L. Hornbeck, Jr., as Administrator of the Estate of James L. Hornbeck, Deceased, Appellants, v. Joe Howard CROSBY, Jr., et al., Appellees.

No. 72-987.

District Court of Appeal of Florida, Fourth District.

June 8, 1973.

Rehearing Denied July 2, 1973.

*39Jere E. Lober, of Lovering, Pound & Lober, Rockledge, for appellants.

Edna L. Caruso, of Howell, Kirby, Montgomery, D’Aiuto, Dean & Hallowes, West Palm Beach, for appellees.

PER CURIAM.

In this automobile negligence case, the plaintiffs suffered a directed verdict at the close of their case and now appeal from the judgment entered thereon.

Plaintiffs’ decedent was driving northbound on divided 4-lane U. S. No. 1 north of Cocoa, Florida. Nearing the intersection with Fay Boulevard, he entered the left turn lane, slowed to approximately 20 mph, and at the intersection made his turn to the west. Apparently, without stopping, he proceeded westerly across the width of the median strip and the easterly southbound lane, and was struck broadside by defendant’s southbound vehicle in the westerly southbound lane. Defendant, a Florida Highway patrolman operating a patrol car southbound on U. S. No. 1 at a speed in excess of 80 mph, approached the intersection while in the eastern most southbound lane but upon observing that plaintiffs’ decedent was making a left turn across his path, moved into the western most southbound lane. He took no other evasive action or sounded any warning up to the time of the collision.

Admittedly, this “statement of facts” takes the evidence and the inferences reasonably to be drawn therefrom in the light most favorable to the plaintiffs’ case. The trial court felt that on this set of facts, the contributory negligence of plaintiffs’ decedent was established as a matter of law. We are of the view that under this set of facts the question of his contributory negligence and whether it was the proximate cause of the collision under the doctrine of last clear chance, were issues properly for the jury. It was error to direct the verdict. Zimmerman v. Langlais, Fla.App. 1971, 248 So.2d 694; Copeland v. Perdue, Fla.App.1967, 205 So.2d 537; Cash v. Gates, Fla.App.1963, 151 So.2d 838.

The judgment is reversed and this cause remanded for a new trial.

Reversed and remanded.

WALDEN and OWEN, JJ., concur.

REED, C. J., dissents without opinion.
Exhibit 21
 
 SUBSIDIARIES OF THE COMPANY
 
 1.       Air Travel Services, Inc., a Tennessee corporation
 
 2.       DFI, Inc., a Tennessee corporation
 
 3.       O'Charley's Finance Company, Inc., a Tennessee corporation
 
 4.       O'Charley's Management Company, Inc., a Tennessee corporation
 
 5.       O'Charley's Restaurant Properties, LLC, a Delaware limited liability company
 
 6.       O'Charley's Service Company, Inc., a Tennessee corporation
 
 7.       O'Charley's Sports Bar, Inc., an Alabama corporation
 
 8.       OCI, Inc., a Delaware corporation
 
 9.       OPI, Inc., a Colorado corporation
 
 10.      SRLS LLC 5001, a Delaware limited liability company
 
 11.      SRLS LLC 5002, a Delaware limited liability company
 
 12.      SRLS LLC 5003, a Delaware limited liability company
 
 13.      SRLS LLC 5004, a Delaware limited liability company
 
 14.      SRLS LLC 5005, a Delaware limited liability company
 
 15.      SRLS LLC 5006, a Delaware limited liability company
 
 16.      Stoney River Legendary Management, L.P., a Georgia limited partnership
 
 17.      Stoney River, LLC, a Delaware limited liability company
 
 18.      Stoney River Management Company, Inc., a Delaware corporation
 
 19.      99 Commissary, LLC, a Delaware limited liability company
 
 20.      99 Restaurants, LLC, a Delaware limited liability company
 
 21.      99 Restaurants of Boston, LLC, a Delaware limited liability company
 
 22.      99 Restaurants of Massachusetts, a Massachusetts Business Trust
 
 23.      99 Restaurants of Vermont, LLC, a Vermont limited liability company
 
 24.      99 West, Inc., a Massachusetts corporation
 
 25.      JFC Enterprises, LLC, a Delaware limited liability company
 
 26.      Wi-Tenn Restaurants, LLC, a Delaware limited liability company
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk September 28, 2009

s0921 

# Order

September 28, 2009

136892

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 136892 COA: 285079 Wayne CC: 07-014937 ERVIN M. SANDERS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the June 5, 2008 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

K ELLY

, C.J., would grant leave to appeal for the reasons set forth in her opinion in People v Idziak , 484 Mich 549 (2009).

C AVANAGH

, J., would grant leave to ap peal to reconsider People v Idziak , 484 Mich 549 (2009).
#### STATE of Louisiana in the Interest of Jeffrey E. BLACK.

No. 61341.

Supreme Court of Louisiana.

Jan. 12, 1978.

In re: Chyrel E. Black, Mr. and Mrs. William B. Estes applying for writ of habe-as corpus and for a stay order. Jefferson Parish.

Writ denied for reasons stated by court of appeal.
Exhibit 31.1
 CERTIFICATION
      (a)
    
    designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this annual
report is being prepared;(b)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation;(d)
    
    disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter that
has materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
    /s/ Richard LaniganRichard LaniganPresident
Quarterly Report to Congress on International Monetary Fund Lending

October 1 – December 31, 2014

Board 

Approval Date Country Amount Type U.S. 

Position

Background

9/26/14 Guinea

Liberia

Sierra Leone

$41 million

$49 million

$40 million

RCF Augmentation

ECF Augmentation

ECF Augmentation

Support http://www.imf.org/external/n

p/sec/pr/2014/pr14441.htm

11/3/14 Guinea-Bissau SDR 3.55 million

($5.24 million)

RCF Abstain http://www.imf.org/external/n

p/sec/pr/2014/pr14495.htm

11/26/14 Mexico SDR 47.292 billion

($70 billion)

FCL Support http://www.imf.org/external/n

p/sec/pr/2014/pr14543.htm

12/3/14 Honduras SDR 129.5 million

($188.6 million)

SBA /SCF Support http://www.imf.org/external/n

p/sec/pr/2014/pr14545.htm
#### Jimmy K. TILLMAN et ux., Appellants, v. L. E. WATKINS, Appellee.

No. 73-275.

District Court of Appeal of Florida, Second District.

Dec. 12, 1973.

Rehearing Denied Jan. 7, 1974.

PER CURIAM.

Affirmed.
No. 10509.

#### Burrell *v.*Miller.

Decided April 14, 1908.

Error to Circuit Court of Franklin county.

*Messrs. Donaldson & Tussing,*for plaintiff in error.

*Mr. Fred C. Rector,*for defendant in error.

Judgment affirmed.

Shauck, C. J., Crew and Spear, JJ., concur.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7291 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7291

   To nullify the effect of the recent executive order that requires 
              Federal agencies to share citizenship data.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2020

Mr. Horsford (for himself, Mr. Cardenas, Mr. Castro of Texas, Ms. Judy 
Chu of California, Ms. Clarke of New York, Mr. Espaillat, Mr. Gallego, 
 Mr. Garcia of Illinois, Ms. Garcia of Texas, Mr. Gomez, Mr. Grijalva, 
 Mrs. Hayes, Ms. Lee of California, Mr. McGovern, Mrs. Napolitano, Mr. 
    Hastings, Ms. Norton, Ms. Ocasio-Cortez, Ms. Roybal-Allard, Ms. 
 Sanchez, Mr. Soto, Mr. Thompson of Mississippi, Mr. Vargas, Mr. Vela, 
Ms. Velazquez, and Mrs. Watson Coleman) introduced the following bill; 
      which was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
   To nullify the effect of the recent executive order that requires 
              Federal agencies to share citizenship data.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECESSION.

    (a) In General.--The provisions of Executive Order 13880 (84 Fed. 
Reg. 33821; July 11, 2019), entitled ``Collecting Information About 
Citizenship Status in Connection With the Decennial Census'', are 
rescinded and shall have no force or effect.
    (b) Effective Date.--This Act shall take effect as if enacted on 
July 11, 2019.
                                 <all>
```
#### James J. YESBICK, D.O., Petitioner, v. The FLORIDA BOARD OF OSTEOPATHIC MEDICAL EXAMINERS, By and Through its Members, William E. White, et al., Respondents.

No. 73-545.

District Court of Appeal of Florida, Fourth District.

Nov. 26, 1973.

Certiorari dismissed.
Confidential property of Uniprise. Do not reproduce or r

Performance Measureme

What the Marketplace Req

Vincent E. Kerr, MD President, Care Solutions UnitedHealthcare October 30, 2008
Confidential property of Uniprise. Do not reproduce or re-distribute 

The Business Imperative

Over 30% of the incremental valu

locked in a single consumer se

Employers Are • Better Value• Adherence to • Effective Con• Affordability
Confidential property of Uniprise. Do not reproduce or re-distribute 

Performance Measurement 

EVIDENCE / CONSENSUS

SAFE COMPLIANT CARE

REGULATION 

CUSTOM

PA

STANDARDIZATION

SYS

T

E

M

S

SOURCE

IMPACT
Confidential property of Uniprise. Do not reproduce or re-distribute 

Attributes of Performance Measurement

• Meaningful• Comprehensive • Accurate• National• Externally Validated • Paired with Efficiency• Fair

Correlation between Price of Ini

Union Pacif

0

50

100150200250300

-1.5 -1 -0.5 0 

Episode Efficiency: Observe

Price of Initial Office Visit

(All 
Confidential property of Uniprise. Do not reproduce or re-distribute 

Treatment Decision Support Focus

• Preference Sensitive • Multiple Treatment Options Available• High Variability• Prevalence• Cost• Reliable Data on Effectiveness, Side Effects, Complica

Ideally Paired with Performance Inform
United States of America

FEDERAL TRADE COMMISSION

WASHINGTON, D.C. 20580

Office of the Secretary

May 9, 2014

Amanda Wait, Esq.

Hunton & Williams LLP

2200 Pennsylvania Avenue, NW

Washington, D.C. 20037

Re: In the Matter of Service Corporation International and Stewart Enterprises, Inc.

Docket No. C-4423

Dear Ms. Wait:

This is in reference to the Petition For Approval of Proposed Divestiture filed by Service 

Corporation International (“SCI”) and received on February 28, 2014 (“Petition”). Pursuant to 

the Decision and Order in Docket No. C-4423, SCI requests prior Commission approval of its 

proposal to divest certain assets to Angeleno Mortuaries, Inc. (“Angeleno”).

After consideration of SCI’s Petition and other available information, the Commission 

has determined to approve the proposed divestiture as set forth in the Petition. In according its 

approval, the Commission has relied upon the information submitted and the representations 

made by SCI and Angeleno in connection with SCI’s Petition and has assumed them to be 

accurate and complete.

By direction of the Commission.

Donald S. Clark

Secretary

cc: Paul Houston

97 North Street

Brooklin, Ontario

Canada, L1M-0C5
[Federal Register Volume 62, Number 6 (Thursday, January 9, 1997)]
[Notices]
[Page 1309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-465]


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

DEPARTMENT OF AGRICULTURE
Forest Service


Southwest Washington Provincial Advisory Committee Meeting; 
Notice

agency: Forest Service, USDA.

action: Notice of meeting.

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

summary: The Southwest Washington Provincial Advisory Committee will 
meet on January 22 and 23, 1997, in Woodland, Washington, at the Oak 
Tree Restaurant, near Exit No. 21 on Interstate 5. The purpose of the 
meeting is to update and finalize subcommittee tasks from previous 
meetings, provide information on previous meeting topics, and review 
and prioritize the 1997 Watershed Restoration Program. On January 22, 
the meeting will begin at 9 a.m. and continue until 4:30 p.m. On 
January 23, the meeting will begin at 8 a.m. and conclude at 3:30 p.m. 
Agenda items to be covered include: January 22: (1) Subcommittee 
recommendations on Advisory Committee work priorities and field trips, 
(2) Response and discussion of November's topic on ``What the Forest 
Looks Like,'' (3) Presentations on Partnerships and Special Forest 
Products, (4) Executive Committee response to Advisory Committee vision 
and role statements, (5) Subcommittee update on socioeconomic health 
measures, and (6) Public Open Forum. January 23: (1) Review and 
prioritize watershed restoration projects for 1997 and (2) Public open 
forum. All Southwest Washington Provincial Advisory Committee meetings 
are open to the public. Interested citizens are encouraged to attend. 
The ``open forum'' provides opportunity for the public to bring issues, 
concerns, and discussion topics to the Advisory Committee. The ``open 
forum'' is scheduled as part of agenda item (6) for this meeting. 
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: Direct questions regarding this 
meeting to Sue Lampe, Public Affairs, at (360) 750-5091, or write 
Forest Headquarters Office, Gifford Pinchot National Forest, 6926 E. 
Fourth Plain Blvd., P.O. Box 8944, Vancouver, WA 98668-8944.

    Dated: January 2, 1997.
Tom Knappenberger,
Acting Forest Supervisor.
[FR Doc. 97-465 Filed 1-8-97; 8:45 am]
BILLING CODE 3410-11-M
<TABLE> <S> <C>



<ARTICLE>      5

<LEGEND>
This schedule contains summary of financial information extracted from the
condensed consolidated balance sheet and statement of earnings for the six
months ended June 25, 1999 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER>    1,000


<S>                             <C>

        <PERIOD-TYPE>                                              6-MOS
        <FISCAL-YEAR-END>                                    JUN-25-1999
        <PERIOD-START>                                       DEC-26-1998
        <PERIOD-END>                                         JUN-25-1999
        <CASH>                                                   171,535
        <SECURITIES>                                              34,094
        <RECEIVABLES>                                            849,724
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        <CURRENT-ASSETS>                                       1,594,503
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</TABLE>
#### Floyd CHANEY, Petitioner, v. STATE of Florida, Respondent.

No. 40140.

Supreme Court of Florida.

Nov. 30, 1970.

Rehearing Denied Jan. 14, 1971.

Certiorari denied. 237 So.2d 281.

ERVIN, C. J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur.
No. 10443.

#### Mass, Admr., *v.*The Lake Shore & Michigan Southern Ry. Co.

Decided June 23, 1908.

Error to Circuit Court of Lake county. *Messrs. Bosworth & Hammar,*for plaintiff in error.

*Messrs. Hoyt, Munsell & Hall,*for defendant in error.

Judgment affirmed.

Price, .C. J., Shauck, Crew, Spear and Davis, JJ., concur.
No. 10652.

#### Hoffmaster *v.*Richards et al.

Decided June 16, 1908.

Error to Circuit Court of Mahoning county.

*Mr. R. B. Murray*and *Mr. S. M. Thompson,*for plaintiff in error.

*Mr. D. J. Hartwell; Mr. Horace T. Smith; Mr. George Edwards*and *Mr. C. D. Hine,*for defendants in error.

Judgment affirmed.

Si-iaucic, Crew and Summers, JJ., concur.
Exhibit 10.3



 


Agreement Among Tony Tucci, Matthew Cohen and OSL
Holdings, Inc


 


OSL Holdings, Inc (“OSL”), Tony Tucci (“Tucci”)
and Matthew Cohen (“Cohen”) are entering into this agreement as of March 6, 2014,


 


WHEREAS OSL desires to provide services to the legal marijuana industry
as it is expected to expand throughout the country;


 


WHEREAS Tucci and Cohen have experience managing a licensed marijuana
dispensary in the State of California;


 


WHEREAS all the parties intend to comply with all applicable laws
and regulations and additionally adhere to best practices


 


NOW THEREFORE the parties agree to the following terms and conditions


 


	1.	Cohen and Tucci will provide advisory services to OSL on an as needed basis for twelve months and agree not to provide such services to any other public company for a two year term. OSL will form a separate subsidiary (“Sub”) to provide growing, marketing and development support services to legal marijuana businesses that exist or develop in compliance with federal and state laws as they evolve
	 	 
	2.	OSL will develop a centralized grow facility in California to support the marijuana growing needs of The Natural Way of LA (NW) and other legal businesses
	 	 
	3.	Those facilities will be leased in whole or in part to NW on terms mutually acceptable
	 	 
	4.	OSL will file the necessary documents with the SEC to spin off Sub as an independent public company
	 	 
	5.	On or before the spinoff OSL will issue Tucci and Cohen each 15,000,000 shares of Sub. Half of those shares will be held in escrow for twelve months and will be released after successful completion of the required advisory services.
	 	 
	6.	This is separate and apart from the businesses of OSL which intends to provide marketing, rewards , website, data and other services to legal marijuana businesses independently of Sub
	 	 
	7.	This agreement will be null and void if not approved by the board of directors of OSL within ten days of the date executed below.


 


Agreed to: March 6, 2014


 


	/s/ Tony Tucci	 
	Tony Tucci	 
	 	 
	/s/ Matthew Cohen	 
	Matthew Cohen	 


 


	OSL Holdings, Inc.	 
	 	 	 
	By:	/s/ Robert Rothenberg	 
	 	Robert Rothenberg, CEO
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID GONZALEZ,

Plaintiff

- Appellant,

v.

PHUC LAM, Dr.,

Defendant

- Appellee. No. 20

- 16876

D.C. No. 4:18

- cv

- 07508

- YGR

MEMORANDUM *

Appeal from the United States District Court

for the Northern District of California

Yvonne Gonzalez Rogers, District Judge, Presiding

Submitted December 14, 2021 * *

Before: WALLAC E , CLIFTON, and HURWITZ, Circuit Judges.

California state prisoner David Gonzal ez appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo. Toguchi v. Chung , 391 F.3d 1051, 1 056 (9th Cir.

* 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

DEC 22 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 16876

2004). We affirm.

The district court properly granted summary judgment because Gonzalez

failed to raise a genuine dispute of material fact as to whethe r defendant Lam was

deliberately indifferent to Gonzalez’s complaints of eye pain and other eye

- related

issues

. See id. at 1060

- 61 (a prison official acts with deliberate indifference only if

he or she knows of and disregards a risk to the prisoner’s health; medical

malpractice, negligence or difference of opinion concerning the course of treatment

does not amount to deliberate indifference).

We do not consider matters not specifically and distinctly raised and argued

in the opening brief. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
#### Jonathan C. HARRIS and all other residents and taxpayers of the State of Louisiana v. The TRUSTEES OF the LOUISIANA PUBLIC FACILITIES AUTHORITY, PUBLIC FACILITIES CORP.

No. 60582.

Supreme Court of Louisiana.

Sept. 9, 1977.

In re: The Trustees of the Louisiana Public Facilities Authority, Public Facilities Corp., et al., applying for remedial supervisory writs.

Writ denied. On the showing made, exercise of our supervisory jurisdiction is not warranted.

Relators’ alternative request (to have the Court of Appeal ordered to rule) is moot inasmuch as the Court of Appeal has today rendered the ruling herein sought.