alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sam Drier, Plaintiff, *v.*Randforce Amusement Corp. et al., Defendants.

Supreme Court, Special Term, Bronx County,

March 12, 1959.

*390*Jack Schifter*for plaintiff.

*Charles G. Tierney*for Eandforce Amusement Corp., defendant.

*Lawless <& Lunch*for Nelrach Theatres, Inc., defendant.

Francis X. Conlon, J.

The plaintiff herein had been an employee of the defendant Eandforce Amusement Corp. This company operates theatres. Defendant Nelrach Theatres, Inc. owned a theatre which was operated by Eandforce and at which plaintiff alleg-es he was injured. He filed a claim with the Workmen’s Compensation Board, which after hearings and reviews determined that the claimant did not sustain an accident. Thereafter he instituted this action originally against Eandforce and Nelrach for negligence. Eandforce moved to dismiss the complaint on the ground that the determination of the Workmen’s Compensation Board, that there was no accident, was *res judicata.*The motion was granted.

On the present motion, Nelrach moves for the same relief. Whenever any board, tribunal or person is by law vested with authority to judicially determine a question, such determination when it has become final is as conclusive as though the adjudication had been made by a court of general jurisdiction *(Ogino*v. *Black,*304 N. Y. 872). While the general rule is that a plea of *res judicata*is available only to parties to the prior action or their privies, and the estoppel of the judgment must be mutual, there are exceptions. The Court of Appeals in *Israel*v. *Wood Dolson Co.*(1 N Y 2d 116, 119) stated: “an exception is at times made where the party *against*whom the plea is raised was a party to the prior action and ‘ had full opportunity to litigate the issue of its responsibility. ’ (See *Liberty Mutual Ins. Co.*v. *Colon,*260 N. Y. 305, 312.) ” When the liability of more than one party turns on identical issues and the complaining party has been given a full opportunity to litigate those issues against one of the parties and has been defeated on grounds other than a personal defense, he is not permitted to litigate the same issues against the other. Plaintiff to succeed must prove that he suffered an accident at the time and place and in *391the manner he alleges. The Workmen’s Compensation Board has determined he did not. The identity of issues requires the invocation of the doctrine of *res judicata (Israel*v. *Wood Dolson Co., supra).*Accordingly, the motion by the remaining defendant for summary judgment is granted.

Settle order.
**Exhibit 31.1**
**CERTIFICATION**
I, Vinod Gupta, certify that:
1. I have reviewed this quarterly report on Form 10-Q of *info*USA Inc.;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;
b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):
a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: November 9, 2004    */s/ Vinod Gupta*  Vinod Gupta Chief Executive Officer
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 19 Engrossed in House (EH)]

H. Res. 19

                In the House of Representatives, U. S.,

                                                       January 8, 2015.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider in the House the bill (H.R. 3) to approve the Keystone XL Pipeline. All 
points of order against consideration of the bill are waived. The bill shall be 
considered as read. All points of order against provisions in the bill are 
waived. The previous question shall be considered as ordered on the bill and on 
any amendment thereto to final passage without intervening motion except: (1) 
one hour of debate equally divided among and controlled by the chair and ranking 
minority member of the Committee on Transportation and Infrastructure and the 
chair and ranking minority member of the Committee on Energy and Commerce; and 
(2) one motion to recommit.
    Sec. 2.  Upon adoption of this resolution it shall be in order to consider 
in the House the bill (H.R. 30) to amend the Internal Revenue Code of 1986 to 
repeal the 30-hour threshold for classification as a full-time employee for 
purposes of the employer mandate in the Patient Protection and Affordable Care 
Act and replace it with 40 hours. All points of order against consideration of 
the bill are waived. The bill shall be considered as read. All points of order 
against provisions in the bill are waived. The previous question shall be 
considered as ordered on the bill and on any amendment thereto to final passage 
without intervening motion except: (1) one hour of debate equally divided and 
controlled by the chair and ranking minority member of the Committee on Ways and 
Means; and (2) one motion to recommit.
            Attest:

                                                                          Clerk.
```
#### Sprague v. California Pacific Bankers & Ins. Ltd.

23541

12/27/2001

Affirmed in part, vacated & remanded in part
Livestock, Poultry, and 1400 Independence Avenue, SW.

Grain Market News Room 2619-S, STOP 0252

Division Washington, DC 20250-0252

USDA to Publish New National Comprehensive Pork Report

On May 13, 2019, USDA’s Agricultural Marketing Service (AMS) will publish a new National 

Weekly Comprehensive Pork Report (FOB Plant and FOB Omaha) through the Livestock 

Mandatory Reporting (LMR) Program. The report will provide customers with a more complete 

picture of the pork market in one convenient report. 

The report will include an estimated cutout value of a standard pork carcass based on the various 

cuts and the prices of those cuts. The values and volumes will reflect marketplace activity for all 

destinations (including export), sales types, delivery periods, refrigeration types, and packaging 

styles with the exception of specialty pork products. Data reported will originate from the 

National Weekly Negotiated, Formula, Forward, and Export Pork Reports. Additionally, for the 

first time since wholesale pork’s inception into LMR in 2013, customers will have access to 

reported trade volumes for sow meat and mixed meat (barrow, gilt, sow, and boar) on a weekly 

basis. 

To access AMS pork reports, visit: www.ams.usda.gov/market-news/livestock-poultry-grain. 

For more information on LMR, visit: www.ams.usda.gov/rules-regulations/mmr. For additional 

information, contact Taylor Cox, Field Chief, at (515) 284-4460.
EXHIBIT 32

               CERTIFICATIONS 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 Quarterly Report of Franklin Lake Resources Inc. (the
"Company") on Form 10-QSB for the period ending January 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Fr.
Gregory Ofiesh, President, CEO and Acting Chief 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:

     (1) The Report fully complies with the requirements of section 13(a) or
     15(d) of the Securities and 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.



March 16, 2004                                /S/ Gregory Ofiesh
                                              ------------------------------
                                              Fr. Gregory Ofiesh
                                              President and CEO
                                              Acting Chief Financial Officer
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Order filed June 4, 2013

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 13

- 00304

- CV

____________ JANICE JACKSON , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the Co unty Civil C our t at Law No

. 4

Harris County, Texas Trial Cour t Cause No. 1026606



### ORDER No reporter’s record has been filed in this case. Karen Field, the official court reporter, informed this court that appellant had not made arrangements for payment for the reporter’s record. On April 22, 2013 , the clerk of this court notified appellant that we would consider and decide those issues that do not require a reporter’s record unless appellant, within 15 days of notice, provided this court with proof of payment for the record. See Tex. R. App. P. 37.3(c). Appellant
fi led no response

.2

Accordingly, we issue the following order:

We ORDER appellant to file a brief in this appeal on or before June 24,
2013. If appellant does not timely file the brief as ordered, we will dismiss the appeal for want of prosecution.

PER CUR IAM
#### The People of the State of New York, Respondent, v Martin W. Kasparek, Appellant.

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court abused its discretion in summarily denying his motion to suppress the evidence seized from his vehicle. Defendant signed a written consent to the search and did not contend that it was unlawful until more than 300 days had *971elapsed after his arraignment. No good cause was shown for his delay, and the motion was properly denied as untimely *(see, People v Turner,*49 NY2d 925; *People v Colon,*127 AD2d 678, *affd*71 NY2d 410, *cert denied*487 US 1239; *People v Sturgis,*112 AD2d 757, *lov denied*68 NY2d 817, 918; *see also,*CPL 710.40 [2]).

We also reject defendant’s contention that he was denied a fair trial because his statement to the police was used against him even though the prosecution served no notice pursuant to CPL 710.30. That statement was not used by the People until after defendant had opened the door to its use by eliciting testimony about the statement on cross-examination of a prosecution witness. In these circumstances, there was no error in permitting the statement to be used against defendant *(see, People v Connor,*157 AD2d 739, *lv denied 76*NY2d 732; *People v Mitchell,*155 AD2d 879, *lv denied 76*NY2d 739; *see also, People v Green,*155 AD2d 880, *lv denied*75 NY2d 813).

Finally, we conclude that the trial court, after a probing and tactful inquiry, properly concluded that two jurors were grossly unqualified by reason of juror misconduct and discharged them from the jury *(see,*CPL 270.35; *see also, People v Cannady,*138 AD2d 616, *lv denied*71 NY2d 1024; *People v Benson,*123 AD2d 470, *lv denied*69 NY2d 708; *see also, People v Lilly,*139 AJD2d 671, *lv denied*72 NY2d 862).

We have examined defendant’s other contention and find it to be without merit. (Appeal from Judgment of Oneida County Court, Buckley, J.—Criminal Possession Controlled Substance, 1st Degree.) Present—Dillon, P. J., Denman, Lawton, Lowery and Davis, JJ.
<PAGE>

                                                                      Exhibit 23
                                                                      ----------

              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No.'s 33-09117, 33-24517, 33-44397, 33-58108, 33-73584, 33-86968, 333-
19015, 333-35025, 333-68753, 333-69993, 333-33538 and 333-33832) pertaining to
the 1992 Stock Option Plan, 1992 Restricted Stock Plan, Employee Stock Purchase
Plan, 1986 Stock Option Plan, the Adaptive Broadband Tax-deferred Savings and
Deferred Profit Sharing Plan, the Non-Qualified Stock Option Agreement between
California Microwave, Inc. and Frederick Lawrence dated effective as of July 16,
1997, and the Supplemental Executive Deferred Compensation Plan of our report
dated July 3, 2001, with respect to the consolidated financial statements of
Adaptive Broadband Corporation included in the Annual Report (Form 10-K) for the
transition period ended December 31, 2000.

                                    /s/ Ernst & Young LLP

Palo Alto, California
July 3, 2001

                                      67.
Order entered April 17, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00704-CV

CTMGT FRISCO 11, LLC, Appellant

V.

ONCOR ELECTRIC DELIVERY COMPANY, LLC AND ROCK HILL ENTERPRISES, 

LTD., Appellees

On Appeal from the 199th Judicial District Court

Collin County, Texas

Trial Court Cause No. 199-01359-2014

ORDER

Before the Court are two motions: (1) Electric Reliability Council of Texas, Inc.’s 

Unopposed Motion to Clarify or, Alternatively, to Dismiss ERCOT as Appellee and (2) Public 

Utility Commission of Texas’s Unopposed Motion to Clarify or, Alternatively, to Dismiss the 

PUCT as Appellee. The motions are GRANTED. The Court takes notice that the Electric 

Reliability Council of Texas, Inc. and the Public Utility Commission of Texas are not parties to 

this appeal. 

/s/ CRAIG STODDART 

PRESIDING JUSTICE
|  | (i) | the                  Report fully complies with the requirements of Section 13(a) or                  15(d) of                  the Securities Exchange Act of 1934;                  and |
|--|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operation of the                Company. |
|--------|------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                  |   /s/                Kenneth M. Wallace |   |
|---------------------------------------|---------------------------------------------------|--------|
|                                  | Kenneth                M. Wallace                 |
|                                  | Chief                Financial Officer            |
|                                  |                                              |
| Date:                November 9, 2007 |

----
Customer Service Hotline: 1-800-438-2474

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029

August 23, 2012

The Honorable Christophe A.G. Tulou, Director

District Department of the Environment

1200 First St. NE, 5th Floor, 

Washington, DC 20002

Dear Director Tulou:

On March 15, 2012, the U.S. Environmental Protection Agency (EPA) received a 

revision to the District of Columbia State Implementation Plan (SIP) from the District 

Department of the Environment. The revisions pertain to amendments to Chapters 1 and 7 of 

Title 20 (Environment) of the District of Columbia Municipal Regulations. The revision amends 

portions of Chapters 1 and 7 in order to add or remove sections from the SIP to reduce further 

volatile organic compound emissions in the District of Columbia. EPA has determined that the 

submittal is administratively and technically complete, and is reviewing it to prepare a Notice of 

Proposed Rulemaking (NPR). 

If members of your staff have any questions, they may direct them to Mr. Gregory Becoat, 

at (215) 814-2036, the principal contact for this rulemaking. 

Sincerely, 

 /s/

 Diana Esher, Director

Air Protection Division 

 

cc: Cecily Beall, Associate Director,

 Air Quality Division, DDOE
Exhibit 24.7

POWER OF ATTORNEY

WHEREAS, ILLINOIS POWER COMPANY, an Illinois corporation (herein referred to as the Company), is
required to file with the Securities and Exchange Commission, under the provisions of the Securities Exchange Act of 1934, as amended, its annual report on Form 10-K for the year ended December 31, 2005; and

WHEREAS, each of the below undersigned is a director of the Company set opposite his name.

NOW, THEREFORE, each of the undersigned hereby constitutes and appoints Gary L. Rainwater and/or Scott A. Cisel and/or Warner L. Baxter and/or Steven R. Sullivan
and/or Martin J. Lyons and/or Jerre E. Birdsong the true and lawful attorneys-in-fact of the undersigned, for and in the name, place and stead of the undersigned, to affix the name of the undersigned to said Form 10-K and any amendments thereto,
and, for the performance of the same acts, each with power to appoint in their place and stead and as their substitute, one or more attorneys-in-fact for the undersigned, with full power of revocation; hereby ratifying and confirming all that said
attorneys-in-fact may do by virtue hereof.

IN WITNESS WHEREOF, the undersigned have hereunto set their hands this 10th day of February 2006:



|                             |  |                       
|---------------------------- |  | ----------------------
|                             | 
|Scott A. Cisel, Director     |  | /s/ S. A. Cisel       
|                             | 
|Daniel F. Cole, Director     |  | /s/ Daniel F. Cole    
|                             | 
|Steven R. Sullivan, Director |  | /s/ Steven R. Sullivan
|                             | 
|Thomas A. Voss, Director     |  | /s/ Thomas A. Voss    
|                             | 
|David A. Whiteley, Director  |  | /s/ David A. Whiteley 



|                  |  |   |  |    
|----------------- |  | - |  | ---
|                  |  |  
|STATE OF MISSOURI |  | ) |  |    
|                  |  |  
|                  |  | ) |  | SS.
|                  |  |  
|CITY OF ST. LOUIS |  | ) |  |    

On this 10th day of February, 2006, before me, the undersigned Notary Public in and for said State,
personally appeared the above-named directors of Illinois Power Company, known to me to be the persons described in and who executed the foregoing power of attorney and acknowledged to me that they executed the same as their free act and deed for
the purposes therein stated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.



/s/ S. A. KitchensS. A. KitchensNotary Public  Notary SealSTATE OF MISSOURISt. Louis CountyMy Commission Expires: July 9, 2007