alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### THE STATE *v.*LEE OSBORNE.

Discharging a rule to show cause why a new trial should not be granted, is not a judgment from which an appeal can be taken.

The defendant was convicted on the last Circuit, at Anson, before his honour Judge Settle, of being the father of a bastard child; “ whereupon,” the record stated, *“*a rule was moved for and obtained to show cause why a new trial should not be granted for misdirection of the Court, which, on argument, was discharged. From which the defendant prayed an appeal to the Supreme Court, and it was granted.”

*Winston,*for the defendant.

*The Attorney General,*for the state.

Per Curiam.

— The case is not in a state for the decision of the questions argued at the bar, as no judgment of the Superior Court, either final or interlocutory, appears upon the record. The discharge of a rule to show cause, why a new trial should not be granted, is not an interlocutory judgment within the act of 1831, ch. 34; which means a decision of the Court establishing a right of the plaintiff or disposing of some part of the defence conclusively, as that partition be made, or that the defendant answer over, or the like.

*115The appeal must therefore be dismissed at the costs of the appellant, and the case remanded for farther proceedings to be had in the Superior Court.
<PAGE>

                                   EXHIBIT 11

              STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE

<TABLE>
<CAPTION>
                                            Three Months Ended      Six Months Ended
                                               September 30,         September 30,
                                           --------------------    ------------------
                                              2002       2001       2002       2001
                                              ----       ----       ----       ----
<S>                                        <C>          <C>        <C>        <C>
Net Income                                 $  77,680      3,484    148,546      7,930
                                           =========    =======    =======    =======

Weighted average shares outstanding          205,397    204,587    205,202    204,687

Reduction for common shares not yet
 released by Employee Stock Ownership Plan     6,136      8,245      6,412      8,493
                                           ---------    -------    -------    -------

Total weighted average common shares
 outstanding for basic computation           199,261    196,342    198,790    196,194
                                           =========    =======    =======    =======

Basic earnings per share                   $     .39        .02        .75        .04
                                           =========    =======    =======    =======

Total weighted average common shares
 outstanding for basic computation           199,261    196,342    198,790    196,194

Common stock equivalents due to dilutive
 effect of stock options                       2,462      2,647      2,462      2,647
                                           ---------    -------    -------    -------

Total weighted average common shares and
 equivalents outstanding
 for diluted computation                     201,723    198,989    201,252    198,841
                                           =========    =======    =======    =======

Diluted earnings per share                 $     .39        .02        .74        .04
                                           =========    =======    =======    =======
</TABLE>
```

[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Page 89667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26312]

[[Page 89667]]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: November 13, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
October 29, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 571 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-198, K2025-196.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-26312 Filed 11-12-24; 8:45 am]
BILLING CODE 7710-12-P
```
```

[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Page 90080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26376]

[[Page 90080]]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: November 14, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
November 1, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 616 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-261, K2025-259.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-26376 Filed 11-13-24; 8:45 am]
BILLING CODE 7710-12-P
```
#### Lillien E. Barnes *et al.,*Appellants, v. City of Council Bluffs, Appellee.

Condemnation Proceedings: appeal: affirmance.

*Appeal from Pottawattamie District Court.*— Hon. N. W. Macy, Judge.

Saturday, May 21, 1892.

*Sims # Saunders,*for appellents.

*G. A. Holmes, H. H. Trimble, J. J. Stewart, Burke Hewitt*and *Sapp Pusey,*for appellees.

*736Given, J.

This ease is identical with that of *Arnold v. City of Council Bluffs, ante,*page 441, except as to the parties plaintiff and the lots condemned. The cases being the same as to the questions presented, the judgment of the district court herein is, for the reasons given in the former opinion, affirmed.
III 

114TH CONGRESS 

2D SESSION S. RES. 454 

Recognizing the Transportation Community Awareness and Emergency 

Response program on its 30th anniversary. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2016 

Mrs. CAPITO submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Recognizing the Transportation Community Awareness and 

Emergency Response program on its 30th anniversary. 

Whereas the Transportation Community Awareness and 

Emergency Response program (referred to in this preamble as ‘‘TRANSCAER’’) is a voluntary national outreach effort that focuses on assisting communities to prepare for and respond to a possible hazardous material 

transportation incident; 

Whereas TRANSCAER was founded in 1986; 

Whereas TRANSCAER members consist of— 

(1) volunteer representatives from the chemical manufacturing, transportation, distribution, and emergency 

response industries; 

(2) volunteer representatives from industry associations; 


smartinez on DSK3GLQ082PROD with BILLS
2 

•SRES 454 ATS 

(3) volunteer personnel of those industries and industry associations; and 

(4) government representatives; 

Whereas TRANSCAER offers hundreds of training events 

each year; 

Whereas TRANSCAER offered training to tens of thousands 

of responders between 1986 and 2016; 

Whereas TRANSCAER is a unified industry initiative that 

promotes the safe transportation and handling of hazardous materials; 

Whereas TRANSCAER aids community emergency response 

planning for hazardous material transportation incidents; 

Whereas TRANSCAER builds strong relationships and trust 

with communities located along transportation routes, 

and those relationships and trust could help to ensure 

that an incident is handled safely, appropriately, and efficiently; and 

Whereas TRANSCAER demonstrates the continuing commitment of chemical manufacturers and transporters to the 

safe transportation of hazardous materials: Now, therefore, be it 

1 Resolved, That the Senate recognizes the Transpor2 tation Community Awareness and Emergency Response 

3 program (commonly referred to as ‘‘TRANSCAER’’) on 

4 its 30th anniversary. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS
#### Kutschenreuter, Respondent, vs. Providence Washington Insurance Company, Appellant.

*September 14*

October *3, 1916.*

*Insurance: Proof of loss: Waiver: Denial of liability.*

An absolute denial of liability by an insurance company within the time limited for the furnishing of proof of loss renders that act unnecessary, even though the policy provides that failure to furnish such proof shall render the claim void.

Appeal from an order of the circuit court for Milwaidtee county: E. 0. Esci-iweiler, Circuit Judge.

*Affirmed.*

Plaintiff sued on an insurance policy which provided for payment of any loss only after a sworn statement of the loss furnished to the company by the assured within sixty days *64after tbe loss, and further that failure to render such statement should render the claim void.

The complaint, after fully setting forth the issuance of the policy and the loss, alleged the giving of notice of the loss, but not the sworn statement, and further alleged in substance that the company, through its agents, within eight days after the loss, denied liability under the policy and about ten days later declined to further communicate with the plaintiff.

A general demurrer to the complaint was overruled and the defendant appeals.

For the appellant the cause was submitted on the brief of *Gill & Barry.*

*Q. J.*Davelaar, for the respondent.

WiNSlow, O. J.

It is held in this case:

1. Under an insurance policy requiring the furnishing pf a Sworn statement by the assured as a condition precedent to the payment of loss, an absolute denial of liability by the company within the time limited for the furnishing of the statement renders that act unnecessary. *McBride v. Republic F. Ins. Co.*30 Wis. 562; *Lingelbach v. Theresa Village Mut. F. Ins. Co.*154 Wis. 595, 143 N. W. 688.

2. An additional clause in such a policy making the claim void in case the sworn statement is not furnished adds nothing substantial to the policy so fax as the furnishing of the statement is concerned. A claim that cannot be collected is, in every practical sense, a void claim. Hence the absolute denial of liability alleged in the complaint in the present case, if proven, will excuse the failure to furnish the sworn statement.

*By the Court.*— Order affirmed.

EschweileR, J., took no part.
```

[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Page 89668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26304]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: November 13, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
October 29, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 563 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-190, K2025-188.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-26304 Filed 11-12-24; 8:45 am]
BILLING CODE 7710-12-P
```
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack,

 Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 

June 12, 2020

b0611

Order 

Clerk

June 12, 2020

161433 & (26) 

BRENDA STUMBO and LARRY DOE,

Plaintiffs-Appellants,

v SC: 161433

COA: 353695

Washtenaw CC: 20-000443-CZ

KAREN LOVEJOY ROE,

Defendant,

and

HEATHER JARRELL ROE,

Defendant-Appellee.

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. The 

application for leave to appeal the June 5, 2020 judgment of the Court of Appeals is 

considered, and it is DENIED, because we are not persuaded that the questions presented 

should be reviewed by this Court.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE THIRD
QUARTER 1998 10-Q OF BUILDING MATERIALS CORPORATION OF AMERICA AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   SEP-27-1998
<CASH>                                              51,114
<SECURITIES>                                       133,992
<RECEIVABLES>                                       11,698
<ALLOWANCES>                                             0
<INVENTORY>                                        103,444
<CURRENT-ASSETS>                                   399,506
<PP&E>                                             300,611
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                     849,383
<CURRENT-LIABILITIES>                              164,806
<BONDS>                                            569,552
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 1
<OTHER-SE>                                          61,953
<TOTAL-LIABILITY-AND-EQUITY>                       849,383
<SALES>                                            812,273
<TOTAL-REVENUES>                                   812,273
<CGS>                                              578,776
<TOTAL-COSTS>                                      578,776
<OTHER-EXPENSES>                                    27,563
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  37,675
<INCOME-PRETAX>                                     14,739
<INCOME-TAX>                                         5,675
<INCOME-CONTINUING>                                  9,064
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                    (9,336)
<CHANGES>                                                0
<NET-INCOME>                                         (272)
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        

</TABLE>
LEGAL02/31070255v1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR, )

)

Complainant )

)

v. ) Docket No. 08-1104

)

IMPERIAL SUGAR COMPANY; )

IMPERIAL-SAVANNAH, L.P. )

)

Respondents. )

____________________________________)

RESPONDENTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

Pursuant to 29 C.F.R. § 2200.2(b), Federal Rule of Civil Procedure 56, and other

applicable law, Respondents Imperial Sugar Company and Imperial-Savannah, L.P. respectfully

move for partial summary judgment. Specifically, Respondents seek summary judgment on the

following Citations and Notifications of Penalty underlying Complainant’s Complaint: Item 5(b)

of Citation 1 and Item 2(a) of Citation 2. There are no genuine factual issues regarding these

citation items and Respondents are entitled to judgment as a matter of law. Respondents rely on

the accompanying memorandum of law and all evidence of record in support of their Motion.

Pursuant to 29 C.F.R. § 2200.40(a), counsel for Respondents attempted to confer with

Complainant’s counsel regarding this Motion. As of the time of this filing, Complainant’s

counsel has not responded to Respondents’ counsel’s January 26, 2009 message regarding

conferral, and Respondent thus presumes that Complainant opposes this Motion.
- 2 -

LEGAL02/31070255v1

Respectfully submitted this 27th day of January 2009.

/s/ Charles H. Morgan

Charles H. Morgan

charlie.morgan@alston.com

Matthew J. Gilligan

matt.gilligan@alston.com

Ashley D. Brightwell

ashley.brightwell@alston.com

Jeremy D. Tucker

jeremy.tucker@alston.com

ALSTON & BIRD LLP

1201 West Peachtree Street

Atlanta, Georgia 30309-3424

(404) 881-7000

FAX: (404) 253-8757

Attorneys for Respondents
- 3 -

LEGAL02/31070255v1

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR, )

)

Complainant )

)

v. ) Docket No. 08-1104

)

IMPERIAL SUGAR COMPANY; )

IMPERIAL-SAVANNAH, L.P. )

)

Respondents. )

____________________________________)

CERTIFICATE OF SERVICE

I certify that all parties have consented that all papers required to be served in this action

may be served and filed electronically. I further certify that a copy of RESPONDENTS’

MOTION FOR PARTIAL SUMMARY JUDGMENT and MEMORANDUM IN SUPPORT

were electronically served on January 27, 2009 on the following counsel for Complainant:

Karen E. Mock

Mock.Karen@dol.gov

Angela F. Donaldson

Donaldson.Angela@dol.gov

Office of the Solicitor

U.S. Department of Labor

61 Forsyth Street S.W.

Room 7T10

Atlanta, Georgia 30303

/s/ Charles H. Morgan

Charles H. Morgan

Alston & Bird LLP

1201 West Peachtree Street

Atlanta, Georgia 30309-3424

charlie.morgan@alston.com
Exhibit 10.36


 


ADDENDUM TO SIXTH CITY LANDOWNERS & USSC LEASE


 


This
Amends effective October 1, 2004 dated the original Lease October 1,
1999, between U.S. Cancer Care Acquisition Corp., a Florida corporation, as
Tenant, and 6th City Landowners, as Landlord, covering the
Leased Premises in the building commonly known as   Orange Park Cancer Center in
Orange Park, Florida (“the Lease”).  The
terms used and not otherwise defined in this Amendment shall have the same
definitions as set forth in the Lease. 
The provisions of this Amendment shall prevail over any inconsistent or
conflicting provisions of the Lease.


 


1.             Provided the Lease is still in full
force and effect and there is no uncured event of default by Tenant under the
Lease, Tenant shall have the right and option to renew the Lease for 10 (10) consecutive
additional one (1) year terms (each such term being hereinafter called a “Renewal
Term”), on the following terms and conditions:


 


(a)           Tenant shall exercise the right and
option to renew the term of this Lease by giving Landlord written notice
thereof prior to the expiration of the primary term or any Renewal Term, as
applicable.


 


(b)           The Rent during each Renewal Term
shall be determined as set forth below. 
The Rent shall be adjusted on the first day of the Renewal Term (the “Rental
Adjustment Date”) to the “fair rental value” of the Leased Premises.


 


(c)           For the purposes of such appraisal,
the term “fair rental value” shall mean the price that a ready and willing
tenant would pay, as of the Rental Adjustment Date, as monthly rent to a ready
and willing landlord of property comparable to the Leased Premises if such
property were exposed for lease on the open market for a reasonable period of
time and taking into account all of the purposes for which such property may be
used as provided in the Lease.


 


(d)           Notwithstanding the foregoing, if
Tenant objects to the determination of the new base rent, as determined above,
then Tenant shall have the right to rescind its prior notice to Landlord
exercising the right and option to renew this Lease by giving Landlord written
notice of such rescission within 15 days after Tenant receives notice of the
final determination thereof and the term of the Lease shall expire as if Tenant
had not exercised such right and option to renew the term of this Lease.


 


(e)           The leasing of the Leased Premises by
Landlord to Tenant during a Renewal Term shall be upon all terms and conditions
set forth in the Lease, except as expressly modified by this Exhibit.  Either party, if requested by the other,
agrees to execute a new lease for each Renewal Term on the same terms and
conditions set forth in the Lease, except as modified with respect to the base
rent in accordance with the terms of this Exhibit.
<PAGE>   1

                                   EXHIBIT 21

                                ALEXANDER'S, INC.

                           SUBSIDIARIES OF REGISTRANT


     Alexander's of Brooklyn, Inc.
     Alexander's of Fordham Road, Inc.
     Alexander's Rego Park Center, Inc.
     Alexander's of Rego Park, Inc.
     Alexander's of Rego Park II, Inc.
     Alexander's of Rego Park III, Inc.
     Alexander's of Third Avenue, Inc.
     Alexander's of Flushing, Inc.
     Alexander's Department Stores of New Jersey, Inc.
     Alexander's Department Stores of Lexington Avenue, Inc.
     Alexander's Department Stores of Brooklyn, Inc.
     U & F Realty Corp.
     ADMO Realty Corp.
     Ownreal Inc.
     Sakraf Wine & Liquor Store, Inc.