alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Schaefer & Company and another, Appellants, vs. Industrial Commission and others, Respondents. [Two cases.]

*January 9*

February *4, 1936.*

*385For the appellants there were briefs by *Wood, Warner & Tyrrell,*attorneys, and *Jackson M. Bruce*of counsel, all of Milwaukee, and oral argument by *Mr. Bruce.*

For the respondent Industrial Commission there was a brief by the *Attorney General*and *Mortimer Levitan,*assistant attorney general, and oral argument by *Mr. Levitan,*

Rosenberry, C. J.

The situation in each of these cases is this: The plaintiffs began an action to have an award of the Industrial Commission set aside. The judgments entered set aside the award made by the Industrial Commission in each case, which is in accordance with the prayer of the plaintiffs’ complaint. Of this they cannot complain, because they are not aggrieved thereby. They argue here that they are aggrieved because the judgment remands the record to the Industrial Commission for further proceedings.

Sec. 102.24 (1), Stats., provides in part:

> “Upon the setting aside of any order or award the court may recommit the controversy and remand the record in the case to the commission, for further hearing or proceedings; or it may enter the proper judgment upon the findings, as the nature of the case shall demand.”

Manifestly, whether or not the circuit court shall enter judgment or recommit the controversy and remand the record to the Industrial Commission is a matter of judicial discretion. The trial court was of the view that, the Industrial Commission having found no particular day upon which disa*386bility occurred, the court was unable to say whether or not the evidence sustained the finding. The finding was: “And has been so disabled since the day of his discharge on February 5, 1934.” The court was of the view that the statement that claimant had been disabled since February 5, 1934, did not find the time when the applicant first suffered a compen-sable disability. In so finding, it is considered that the trial court was not in error.

*By the Court.*— The judgment in each case is affirmed.
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# North Korea’s ICBM Lands in Japan’s Economic Zone, Official Says

By Terri Moon CronkDoD News, Defense Media Activity

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#### Howard Desmond, Respondent-Appellant, v City of New York, Appellant-Respondent.

[631 NYS2d 368]

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (G. Aronin, J.), entered August 2, 1993, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $200,000, and the plaintiff cross-appeals from the same judgment on the ground of inadequacy.

Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this Court *(see,*22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent-appellant is awarded one bill of costs.

The plaintiff, a New York City Police Officer, was injured when the patrol car in which he was a passenger collided with a vehicle being pursued in a high-speed automobile chase. Thereafter, the plaintiff brought this action to recover damages under General Municipal Law § 205-e, alleging that the pursuit was commenced and continued in violation of New York City Police Department’s Chief of Operations Memo No. *5773, which sets forth the department’s procedures relating to vehicle pursuit.

The defendant’s contention that a violation of a New York City Police Department procedure cannot serve as a predicate for a claim pursuant to General Municipal Law § 205-e is without merit *(see, Galapo v City of New York,*219 AD2d 581 [decided herewith]; *Martelli v City of New York,*219 AD2d 586 [decided herewith]).

Here, there was a question of fact as to whether the conduct of the officer who was operating the patrol car when it crashed was " 'outside the realm of acceptable police practice’ *(Velez v City of New York, 157*AD2d 370, 373, *lv denied*76 NY2d 715) and not subject to discretion” *(Rodriguez v City of New York,*189 AD2d 166, 178). Accordingly, it was proper to allow the jury to determine whether the commencement and continuation of the high-speed car chase by the patrol-car operator was in violation of the procedures set forth in the Chief of Operations Memo No. 3 with respect to vehicle pursuits, and whether such violation, if any, was a the proximate cause of the plaintiffs injuries. Mangano, P. J., Thompson, Joy and Florio, JJ., concur.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 61 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
H. J. RES. 61

Proposing an amendment to the Constitution of the United States giving 
Congress power to prohibit the physical desecration of the flag of the 
                             United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2017

  Mr. Womack (for himself, Mr. Amodei, Mrs. Blackburn, Mr. Jenkins of 
  West Virginia, Mr. Aderholt, Mr. Franks of Arizona, Mr. Byrne, Mr. 
Olson, Mr. Palazzo, Mr. Fortenberry, Mr. Cook, Mr. Abraham, Mr. Wilson 
  of South Carolina, and Mr. Johnson of Ohio) submitted the following 
 joint resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
Proposing an amendment to the Constitution of the United States giving 
Congress power to prohibit the physical desecration of the flag of the 
                             United States.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled   (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for ratification:

                              ``Article--

    ``The Congress shall have power to prohibit the physical 
desecration of the flag of the United States.''.
                                 <all>
```
**Exhibit3.1.32**

 

**ARTICLESOF INCORPORATION**

 

**OF**

 

**EQUINOXFITNESS NEWPORT BEACH, INC.**

 

I.

 

The name of this corporation is Equinox Fitness Newport Beach, Inc.

 

II.

 

The purpose of the corporation is to engage in any lawful act oractivity for which a corporation may be organized under the GENERAL CORPORATIONLAW of California other than the banking business, the trust company businessor the practice of a profession permitted to be incorporated by the CaliforniaCorporations Code.

 

III.

 

The name and address in the State of California of this corporation’sinitial agent for service of process is:

 

GKL Corporate/Search, Inc.

 

This corporation is authorized to issue only one class of shares ofstock; and the total number of shares which this corporation is authorized toissue is 200 shares, zero par value.

 

**IN WITNESS WHEREOF,**the undersigned has executed these Articles of Incorporation of Equinox NewportBeach, Inc. this 16th day ofJuly, 2004.

 

 
|   | /s/ Brian S. Werfel           |
|--------|-------------------------------|
|   | Brian S. Werfel, Incorporator |
|   | Rosen Weinhaus LLP            |
|   | 40 Wall Street, 32nd Floor    |
|   | New York, New York 10005      |

 

----
#### Morris Abraham v. Michael Kramer and Isaac Brooks.

1. Propositions of *Law—Questions of*Fact.—Where the court holds all the propositions of law in favor of a party, the question left for him to contest is, did the court take the right view of the facts?

Assumpsit, for money paid, etc. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895.

Affirmed.

Opinion filed January 22, 1896.

Statement of the Case.

This was an action brought by Hichael Kramer and Isaac Brooks, appellees, against Horris Abraham, the appellant, before a justice of the peace. On appeal to the Circuit Court, a jury being waived, the cause was tried before the court. The court found the issues for the appellees and rendered a judgment against the appellant for $100 and costs. *106The appellees based their right to recover on the following receipt or memoranda of agreement, to wit:

“Chicago, December 31, 1894.

Received of Kramer & Co., $100 for part payment on $600 for saloon in 96 West Madison street, and which I agree to give full right and title on said place of business containing lease, fixtures and all open packages, money register not included and license not included.

Kramer, Brooks *&*Abraham.”

Appellant received the $100. Appellees failed to pay the $500 balance. Appellant held the saloon ten days and sold it for $600, by throwing into the bargain the rent of the place for two-thirds of the month of January and the cost of the saloon license for the same length of time.

Cruikshank *&*Atwood, attorneys for appellant.

Rosenthal, Kurz & Hirschl, attorneys for appellees.

Mr. Justice Waterman

delivered the opinion of the Court.

As the court held all the propositions of law the appellant presented, the only question in this case is, whether the court took the right view of the facts.

We find ourselves unable, from an examination of the record, to say that it did not, and the judgment of the Circuit Court is therefore affirmed.
1 ... S eeT EX . R. A PP . P. 47. 4. 

## COURT OF APPEALS SECOND DISTRICTOFTEXAS FORT WORTH NO. 2 - 08 - 20 3- CV T HE CI T Y OF E UL E S S , T E XAS AP P E L L ANT V . BRY A N LE E M C M A N U S A PPELL EE

----- ----- FR O M THE 1 41 DI STRI CT CO URT O F TARRA NT CO UN TY ST

----- ----- 

### M E M ORANDU M OP I NI ON AND J UDGME NT 1

----- ----- W e h a v e c o n s id e re d “ A p p e ll a n t’ s A g re e d M o tio n T o D is m is s A p p e a l.” It i s t he cour t ’ s opi ni on t hat t he m ot i on shou l d be gr ant ed; t her ef or e, w e di sm i ss th e a p p e a l . S eeT EX. R . A PP . P . 4 2 .1 (a )(1 ), 4 3 .2 (f). C os t s o f t he app ea l s hal l be pa i d by ap pel l ant , f orw hi ch l etex ec ut i on i s s u e . S ee T EX . R. A PP . P. 43. 4.

P E R CU R I AM PA N EL D : GA RD N ER, W A LKER, an d M C C O Y, JJ.DEL I VERE D: J ul y 10, 2008
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# Army Chief of Staff Discusses Arctic Strategy, Indo-Pacific Presence

By Sean KimmonsArmy News Service

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# Visitors from Suo-Oshima Present Air Station Students with Mikans

By Cpl. Stephen CampbellMarine Corps Air Station Iwakuni, Japan

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**Exhibit 31.1**

 

**Certification of Chief Executive Officer**

**Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Ronald Elliott, certify that: 

 

1.    I have reviewed this annual report on Form 10-K of Excelligence Learning Corporation; 

 

2.    Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3.    Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4.    The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

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 theregistrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

b)    evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented 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; and 

 

c)    disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5.    The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

 

a)    all significant deficiencies and material weaknesses in the design or operation of internal control over financial reportingwhich are reasonably likely 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 other employees who have a significant role in theregistrant’s internal control over financial reporting. 

 

Date: March 16,2005
EXHIBIT 31: Rule 13a-14(a) Certifications  I, Richard Miller, certify that:  1.  I have reviewed this quarterly report on Form 10-QSB of Maui General Store, Inc.; 2.  Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this  report; 3.   Based on my knowledge, the financial statements, and other financial information included in this  report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this  report; 4.  The small business issuers other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the small business issuer and have: 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 small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this  report is being prepared;  b)  Evaluated the effectiveness of the small business issuer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; and c) Disclosed in this report any change in the small business issuers internal controls over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and 5.  The small business issuers other certifying officers and I have disclosed, based on our most recent evaluation of internal controls over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions): a)  All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to  adversely affect the small business issuers ability to record, process, summarize and report financial information; and b)  Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal controls over financial reporting. Date: November 6, 2007 /s/ Richard Miller Richard Miller, Chief Executive Officer and Chief Financial Officer
No. 90-662.

#### Insurance Company of North America *v.*M/V Ocean Lynx, aka M/V Ocean Link, et al.

C. A. 11th Cir. Certiorari denied.
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# U.S. Navy, Australia sign agreement for Triton UAS

By Naval Air Systems CommandU.S. Navy, Australia sign agreement for Triton UAS

                PATUXENT RIVER, Maryland  –              

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