alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State *v.*Bromfield Long.

Naked confessions, unattended with circumstances, are not sufficient to convict of a capital crime.

Indictment for horse-stealing, upon which the evidence was — that the horse was missing, and about three days afterwards, two men came with the horse, and *Long*tied, to the house of the owner. *Long*confessed to the owner he had taken the horse, and begged forgiveness. The two men Who brought him were not present at the trial, and there was no other circumstance proved in the case.

***er*cur^am

Where A. makes a confession, and relates circumstances which are proven to have actually existed as related in the confession, that may be evidence sufficient for a jury to proceed upon to convict the prisoner *;*but a naked confession, unattended with circumstances, is not sufficient. A confession, from the very nature of the thing, is a very doubtful species of evidence, and to be received with great caution. It is hardly to be supposed that a man perfectly possessed of himself, would make a confession to take away his own life. It must generally proceed from a promise or hope of favor, or from a dread of punishment, and in such situations, the mind is agitated — the. man may be easily tempted to go further than the truth. Besides, the witness, respecting the confession, may have mistaken his meaning. How easy is it to *525understand the speaker, different]) from what he meant j and the smallest misiake in this particular, might, prove fatal. As there are no confirmatory circumstances in the present case, it is better to acquit the prisoner. The jury found him not guilty.

Note. — *Vide*1 *Phil. on Evid.*86, contra.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-10810

JACKIE SUE LADAPO, 

 Plaintiff - Appellant

v.

TARGET STORES, INCORPORATED, 

 Defendant - Appellee

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 3:14-CV-2602

Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Jackie Ladapo was employed by Boots Retail USA, Inc. to sell its brand 

of beauty products in Target stores. Ladapo sued Target, alleging that the 

drawer in which she stored her beauty supplies was defective and she was 

injured when it fell out and landed on her foot. She appeals from the district 

court’s grant of summary judgment to Target, claiming that use of the drawer 

was necessary for her job and that Target had failed to make its premises safe. 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 14, 2018

Lyle W. Cayce

Clerk

 Case: 17-10810 Document: 00514723421 Page: 1 Date Filed: 11/14/2018
No. 17-10810

2

Generally, an “owner or occupier owes no duty to his invitees either to 

eliminate or warn of dangerous conditions on the premises which are as well 

known to them as they are to him.” Delhi-Taylor Oil Corp v. Henry, 416 S.W.2d 

390, 392 (Tex. 1967). Ladapo has repeatedly conceded that she was aware of 

the potential hazard posed by the defective drawer. Accordingly, Target had 

no duty to warn Ladapo about the drawer. 

Ladapo attempts to sidestep this principle by invoking the “necessary 

use” exception. That exception applies “when the invitee necessarily must use 

the unreasonably dangerous premises, and despite the invitee’s awareness and 

appreciation of the dangers, the invitee is incapable of taking precautions that 

will adequately reduce the risk.” Austin v. Kroger Tex., L.P., 465 S.W.3d 193, 

204 (Tex. 2015). Ladapo’s employer, Boots Retail, was an independent 

contractor of Target’s. Assuming without deciding that the necessary use 

exception applies to independent contractors and their employees, Ladapo has 

failed to demonstrate that the use of the particular drawer in question was 

actually necessary to her work. To the contrary, Texas law generally treats an 

employee’s encounter with a hazardous condition “as voluntary in nature, even 

though it was part of [her] work duties.” Id. at 213.

Ladapo additionally alleges she was a third-party beneficiary of the 

contract between Boots and Target, such that Target owed her a contractual 

duty to repair the defective drawer. The district court remarked in its opinion 

that a third-party beneficiary may be able to recover for breach of contract but 

Ladapo had not made that argument. On appeal, she merely states the claim 

without supporting it with any analysis or caselaw. Such is insufficient.

The district court correctly granted summary judgment to Target. 

AFFIRMED.

 Case: 17-10810 Document: 00514723421 Page: 2 Date Filed: 11/14/2018
# C_2005006EN.01001601.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/16 |
| --- | --- | --- | --- |

8.1.2005

EN

Official Journal of the European Union

C 6/16

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

of 18 November 2004

in Case C-422/03 Commission of the European Communities v Kingdom of the Netherlands (1)

1

(Failure of a Member State to fulfil its obligations - Directive 2001/18/EC - Failure to transpose within the prescribed period)

(2005/C 6/28)

Language of the case: Dutch

In Case C-422/03 Commission of the European Communities (Agent: M. van Beek) v Kingdom of the Netherlands (Agents: H.G. Sevenster and J. van Bakel) – action under Article 226 EC for failure to fulfil obligations, brought on 3 October 2003 – the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues, acting for the President of the Fourth Chamber, K, Schiemann (Rapporteur) and E. Juhász, Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 18 November 2004, in which it:

| 1. | Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;

| 2. | Orders the Kingdom of the Netherlands to pay the costs. |
| --- | --- |

2.

Orders the Kingdom of the Netherlands to pay the costs.

---

(1)  OJ C 275 of 15.11.2003.

1

---
----

            COMMISSION REGULATION (EC) No 657/2006

of 10 April 2006         

amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the United Kingdom and repealing Council Decision 98/256/EC and Decisions 98/351/EC and 1999/514/EC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular Article 23 thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (3), and in particular Article 9(4) thereof,

Having regard to Council Decision 98/256/EC of 16 March 1998 concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC (4), and in particular Article 6(5) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annexes III and XI to Regulation (EC) No 999/2001 are amended in accordance with the Annex to this Regulation.

Article 2

Decisions 98/256/EC, 98/351/EC and 1999/514/EC are repealed.

Article 3

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 April 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 339/2006 (OJ L 55, 25.2.2006, p. 5).

(2)OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3)OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33).

(4)OJ L 113, 15.4.1998, p. 32. Decision as last amended by Commission Decision 2002/670/EC (OJ L 228, 24.8.2002, p. 22).

(5)OJ L 99, 20.4.1996, p. 14. Regulation as last amended by Regulation (EC) No 2109/2005 (OJ L 337, 22.12.2005, p. 25).

(6)OJ L 204, 5.8.2005, p. 22.

(7)OJ L 157, 30.5.1998, p. 110.

(8)OJ L 195, 28.7.1999, p. 42.

----

ANNEX

Annexes III and XI to Regulation (EC) No 999/2001 are amended as follows:

----
December 20, 2012

JUDGMENT

The Fourteenth Court of Appeals

IN THE INTEREST OF L.M.W., L.M.W., J.M.L., J.B.L., A.M.L., A.R.P. AKA 

B.G.L., CHILDREN

NO. 14-12-00781-CV

________________________________

This cause, an appeal from a judgment terminating parental rights signed 

August 16, 2012, was heard on the transcript of the record. We have inspected the 

record and find no error in the judgment. We order the judgment of the court below 

AFFIRMED.

We order this decision certified below for observance.

We further order the mandate be issued immediately.
„.

-TOP-SECRET- I

NATIONAL RECONNAISSANCE OFFICt

WASHINGTON, D.C.

li

.1

IMO STAFF

23 June 1966

MEMORANDUM FOR MR. COYNE, President's Foreign'

Intelligence Advisory Board

ECT: NASA-NRO Considerations

In line with our responsibility to keep you personally informed

any considerations which could affect the conduct or status of the

ational Reconnaissance Program, I am attaching several recent

cuments which are largely self-explanatory.

Attachment 1 is a memorandum from Mr. U. Alexis Johnson

ch forwards a letter from Mr. Charles Schultze and Dr. Donald

rnig. The latter letter recommends that a group be formed to

tudy the relationship between proposed NASA satellite earth-sensing

tivities and our classified satellite reconnaissance program.

Attachment 2 is the minutes of the first meeting of the Study Group.

Attachment 3 is a NASA statement of its earth-sensing needs.

Attachment 4 is Dr. Flax's evaluation of the impact of proposed NASA

program upon the National Reconnaissance Program.

If you wish, we will be glad to keep you informed on subsequent

activities of the Study Group. In the meanwhile, please call on me if

need additional information.

4 Attachments PAUL E. WORTH AN

Colonel, USAF

Distribution: Deputy Director

1 ee NRO Staff

4 RF

-TOP-SECRET--

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--TOP-SECRET--

Itarisian Can mist Conntries(Priziar.

.S.kasobetr-1962—

SUBJECT: IMO Satellite Forecast Report for Deousber 196? .

The following satellite activities are foreoasted for the

south of -ainelbState....-•

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1 Mission TECR (SLY 2a) 

Eurasian Comnist Countries(Priman

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•

The following satellite activities are forecasted for the month

of December

PROJECT VEHICLE TYPE COUNTRY

CORONA

TWOR (SIM-21) Photo

Sino-Soviet Bloc (Primary)

1 Mission World-Wide Mapping (Secondary)

tOROSA RESERVE*

THOR (s11-21) Photo

Sino-Soviet Bloc (Primary)

World-Wide Mapping (Secondary) 1

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HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC StaffPerformance and Accountability Report (NUREG-1542)

# Performance and Accountability Report – Fiscal Year 2009 (NUREG-1542, Volume 15)

On this page:
        - Publication Information
        - Abstract

Download complete document
        - NUREG-1542, Volume 15 (PDF - 5.02 MB)

## Publication Information

**Date Published**: November 2009

Resource Management and Support Staff Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Availability Notice

## Abstract

The FY 2009 Performance and Accountability Report provide performance results and audited financial statements that enable Congress, the President, and the public to assess the performance of the agency in achieving its mission and stewardship of its resources. The report contains a concise overview, Management's Discussion and Analysis, as well as performance and financial sections. Details of performance results and program evaluations can be found in Other Accompanying Information. 

Page Last Reviewed/Updated Wednesday, March 24, 2021
<PAGE>   1
                                                                    EXHIBIT 10.4


                      AMERICAN RESIDENTIAL SERVICES, INC.
                   AMENDMENT TO 1997 EMPLOYEE INCENTIVE PLAN


Paragraph 8(i) of the 1997 Employee Incentive Plan is hereby amended and
restated as follows:

                 Stock Option.  An Award may be in the form of an Option.  The
         price at which any share of Common Stock may be purchased on the
         exercise of any Option will be not less than the Fair Market Value of
         a share of the Common Stock on the date of grant of that Option and
         the Committee will determine the other terms, conditions and
         limitations applicable to each Option, including its term and the date
         or dates on which it becomes exercisable; and


Adopted: March 3, 1998
#### Schopps, Appellant, vs. Schopps, Respondent.

For the appellant: *Thomas C. Kelly,*attorney, and *Tim-lin & Dean*and *William H. Timlin*of counsel, all of Milwaukee.

For the respondent: *Hennessey & Glick,*attorneys, and *Vincent D. Hennessey*of counsel, all of Milwaukee.

*By the Court.*

Judgment affirmed.

Fritz, J., took no part.
HomePublic InvolvementAbout Meetings Open to the Public

# NRC Webcast Portal

[Body Content]

Page Last Reviewed/Updated [DATE]

Section Navigation

#### Navigation

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#### Spotlight

#### Choose a Section

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--TOP-SECRET-

-1St NATIONAL RECONNAISSANCE OFFICE

WASN1 T0h. D.C.

TN I" NRO SI AFr

21 September 1967

MEMORANDUM FOR RECORD

SUBJECT: NPIC-NRO Relationships in the Camera Manual Business

On 1 • teraber, nd I met wit,11111111111

an •

of NPIC to • iscuss NPIC-Ni. relationships

in e uction o • camera and manuals. The attached page shows

the main points covered.

VIPORTHMAN

Colonel, USAF

is

40P4ECRET--

curia. 141

LOP , :1 CO..[.

atr/ 01 11010 0.•:011 •

it/

:00 0•14:11.11 })CC 0:1•1•14."• 111 1 1 •
CONOPOL

--TOP-SECRET-

'scuba nom aireswoc PAW Of,

003 DIOSCOtt 1200 '0 secs 001 1 1%

COO? M 1:01011

---TOPIECRET-

-T-AtaiiTi-K-ETHOLEKEY POINTS 

Our KH camera manual drafts should go to Mfriiii

personally.

The Technical Division will review our draft in terms of customer

needs and practices.

We will furnish aircraft camera manuals to NPIC.

We will perform a final manuscript review just before the manual

goes to the printer.

Dr. Flax will furnish a cover letter for a copy to NPIC and a

copy to DIA.

NPIC concept of distribution:

41111100.1 a nu a Is TKH Manuals

10 - NPIC 26 - NPIC

12 - NRO 36 - DIA, NRO

30 - Reserve 10 - NPIC "elsewhere"

(tangle... etc. )

Could we possibly get our manuscript to NPIC 30 days before we

must distribute?

Customer questions will go to NPIC; then to us, if NPIC cant

handle.
#### McGowan, Respondent, vs. Beierle and wife, Appellants.

For the appellants: *George J. Graebner,*attorney, and *Wallace H. Hahn,*of counsel, both of Milwaukee.

For the respondent: *Kleczka & Kleczka*of Milwaukee.

*By the Court.*

Judgment affirmed.
# C_2005132EN.01000702.xml

| 28.5.2005 | EN | Official Journal of the European Union | C 132/7 |
| --- | --- | --- | --- |

28.5.2005

EN

Official Journal of the European Union

C 132/7

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 17 March 2005

in Case C-170/03 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Staatssecretaris van Financiën v J.H.M. Feron (1)

1

(Regulation (EEC) No 918/83 - Relief from customs duties - Meaning of ‘personal property’ and ‘possession’ - Motor vehicle made available to a person by his employer)

(2005/C 132/13)

Language of the case: Dutch

In Case C-170/03: reference for a preliminary ruling under Article 234 EC from the Hoge Raad der Nederlanden (Netherlands), made by decision of 11 April 2003, received at the Court on 14 April 2003, in the proceedings pending before that court between Staatssecretaris van Financiën and J.H.M. Feron — the Court (First Chamber), composed of P. Jann, President of the Chamber, A. Rosas, K. Lenaerts, S. von Bahr (Rapporteur) and K. Schiemann, Judges; M. Poiares Maduro, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, gave a judgment on 17 March 2005, the operative part of which is as follows:

A car such as that at issue in the main proceedings is to be regarded as personal property within the meaning of Article 1(2)(c) of Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty and thus eligible for relief from import duty under Articles 2 and 3 of the regulation.

---

(1)  OJ C 146 of 21.06.2003.

1

---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
eXcelon Corporation
(Formerly Object Design, Inc.)
Financial Data Schedule
                                                                    Exhibit 27.1

THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
FINANCIAL  STATEMENTS  INCLUDED IN THE FORM 10-K FOR THE YEAR ENDED DECEMBER 31,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                                12-MOS
<FISCAL-YEAR-END>                            DEC-31-1999
<PERIOD-START>                               JAN-01-1999
<PERIOD-END>                                 DEC-31-1999
<CASH>                                            13,847
<SECURITIES>                                       5,327
<RECEIVABLES>                                     15,134
<ALLOWANCES>                                       1,232
<INVENTORY>                                            0
<CURRENT-ASSETS>                                  34,022
<PP&E>                                            14,567
<DEPRECIATION>                                     9,398
<TOTAL-ASSETS>                                    47,405
<CURRENT-LIABILITIES>                             17,892
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<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                              29
<OTHER-SE>                                        29,484
<TOTAL-LIABILITY-AND-EQUITY>                      47,405
<SALES>                                           36,623
<TOTAL-REVENUES>                                  60,810
<CGS>                                              2,380
<TOTAL-COSTS>                                     15,311
<OTHER-EXPENSES>                                  53,717
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                   (7,101)
<INCOME-TAX>                                          43
<INCOME-CONTINUING>                               (7,144)
<DISCONTINUED>                                         0
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<CHANGES>                                              0
<NET-INCOME>                                      (7,144)
<EPS-BASIC>                                        (0.25)
<EPS-DILUTED>                                      (0.25)


</TABLE>
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