alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CHRISTOPHER J. THOMAS v. TRUSTEES OF CATAWBA COLLEGE and A. R. KEPPEL.

(Filed 30 June, 1955.)

Bill of Discovery § 3—

A petition for leave to inspect and make copies of certain papers in defendant’s possession prior to filing complaint must contain factual aver-ments showing that the papers described in the order are material and necessary to establish plaintiff’s cause of action, and an order of inspection upon a petition failing to aver such facts, will be reversed.

Appeal by defendants from *C. L. Moore, Regular Judge,*holding the courts of the Tenth Judicial District, at Chambers in Durham, 4 November, 1954. From OraNGe.

*Linn & Linn and Bonner D. Sawyer for defendants appellants.*

*Barnie P. Jones and W. R. Dalton, Jr. for plaintiff appellee.*

JOHNSON, J.

The plaintiff is a former member of the faculty of Catawba College. He brings this action to recover damages for his *505alleged wrongful discharge. The appeal comes here from a hearing below on motion for leave to inspect documents under G.S. 8-89.

The plaintiff obtained an extension of time in which to file complaint and then petitioned the clerk for leave to inspect and make copies of numerous papers and documents in the possession of the defendants. The papers sought to be inspected are described in twenty paragraphs of the petition. The motion was allowed in part and denied in part by the clerk. His order permits inspection of the papers described in the first four paragraphs of the petition, which are: (1) the annual contracts between the plaintiff and Catawba College for three designated years; (2) minutes of a designated meeting of the Board of Trustees of the College, with reports to the meeting; (3) by-laws of the Board of Trustees in force during two designated years; and (4) faculty handbook for the year 1948. From the order of the clerk denying inspection as to the papers, described in the other sixteen paragraphs of the petition, the plaintiff appealed to the Superior Court. There an order was entered allowing inspection of the papers described in twelve of the other sixteen paragraphs of the petition. From the order so entered, the defendants appealed to this Court.

The appeal presents no new question or feature requiring extended discussion. The order of the Superior Court granting leave of inspection is not supported by factual allegations showing that the papers described in the order are material and necessary to establish the plaintiff’s cause of action. Such materiality and necessity must be shown by positive factual averments, as distinguished from argumentative conclusions of the applicant as in the instant case. The order appealed from will be vacated and set aside on authority of the decisions in *Dunlap v. Guaranty & Accident Co.,*202 N.C. 651, 163 S.E. 750, and *Patterson v. R.R.,*219 N.C. 23, 12 S.E. 2d 652.

The order of the clerk, not having been challenged by the defendants, will remain in effect. This allows the plaintiff substantial privilege of inspection.

Reversed.
EXHIBIT 31.02



I, Robert T. McDowell, Chief Financial Officer of Education Management Corporation, certify that:



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



2. Based on my knowledge, this annual 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 annual report, fairly present in all material respects 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 (as defined 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 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) 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; and



c) Disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants fourth fiscal quarter that has materially affected, or is reasonably 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 and the audit committee of the registrants board of directors (or persons fulfilling
the equivalent functions):



a) All significant deficiencies
and material weaknesses in the design or operation of internal control over financial reporting which 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 the registrants internal control over financial reporting.



Date: September 13, 2004



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ ROBERT T. MCDOWELL 
|    |  | Robert T. McDowell     
|    |  | Chief Financial Officer
I, Federico Sada, certify that:

1. I have reviewed this annual report on Form 20-F of Vitro,
  S.A. de C.V.;

2. Based on my knowledge, this annual 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 annual report;

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

4. The registrant'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
  registrant and have:

(a) designed such disclosure controls and procedures 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) evaluated the effectiveness of the registrant's disclosure
  controls and procedures as of a date within 90 days prior to the filing
  date of this annual report (the "Evaluation Date"); and

(c) presented in this annual report our conclusions about the
  effectiveness of the disclosure controls and procedures based on our
  evaluation as of the Evaluation Date;

5. The registrant's other certifying officers and I have
  disclosed, based on our most recent evaluation, to the registrant's auditors
  and the audit committee of registrant's board of directors:

(a) all significant deficiencies in the design or operation of
  internal controls which could adversely affect the registrant's ability
  to record, process, summarize and report financial data and have
  identified for the registrant's auditors any material weaknesses in
  internal controls; and

(b) any fraud, whether or not material, that involves management or
  other employees who have a significant role in the registrant's internal
  controls; and







6. The registrant's other certifying officers and I have
  indicated in this annual report whether or not there were significant changes
  in internal controls or in other factors that could significantly affect
  internal controls subsequent to the date of our most recent evaluation,
  including any corrective actions with regard to significant deficiencies and
  material weaknesses.



Date: August 4, 2003

/s/ Federico Sada
  ____________________________________
  Federico Sada
  President and Chief Executive Officer
#### Ernest Smith et al., Respondents, v Kingsbrook Jewish Medical Center, Appellant.

[772 NYS2d 862]

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered June 24, 2003, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

When an employee elects to receive Workers’ Compensation benefits from his general employer, a special employer is shielded from any action at law commenced by the employee *(see Kramer v NAB Constr. Corp.,*282 AD2d 714 [2001]; *cf. Thompson v Grumman Aerospace Corp.,*78 NY2d 553 [1991]). A person’s categorization as a special employee is usually a question of fact *(see Thompson v Grumman Aerospace Corp., supra*at 557; *Hintze v Brookhaven Natl. Lab.,*278 AD2d 456 [2000]). Here, the defendant failed to establish that it directed the work and exercised such a degree of control over the plaintiff Ernest Smith that he must be considered its special employee. Thus, the defendant’s motion for summary judgment dismissing the complaint was properly denied. Ritter, J.P., H. Miller, Crane and Cozier, JJ., concur.
EXHIBIT 12.2




CERTIFICATION
      PURSUANT TO


SECTION
      302


THE
      SARBANES-OXLEY ACT OF 2002






I,
Álvaro
      Rodríguez Arregui, certify that:




1.  I
      have
      reviewed this annual report on Form 20-F of Vitro, S.A. de C.V.;




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 company as of, and for, the periods
      presented in this report;




4.  The
      company's other certifying officers and I are responsible for establishing
      and
      maintaining disclosure controls and procedures (as defined in Exchange Act
      Rules
      13a-15(e) and 15d-15(e)) for the company 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 company, 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 company'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 company's internal control over financial
      reporting









that
      occurred during the period covered by the annual report that has materially
      affected, or is reasonably likely to materially affect, the company's internal
      control over financial reporting; and




5.  The
      company's other certifying officers and I have disclosed, based on our most
      recent evaluation of internal control over financial reporting, to the company's
      auditors and the audit committee of the company's board of
      directors:




(a)  all
      significant deficiencies and material weaknesses in the design or operation
      of
      internal control over financial reporting which are reasonably likely to
      adversely affect the company'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 company's internal control over financial
      reporting.




Date:
                June 12, 2006
            /s/ Álvaro Rodríguez
                ArreguiName:Álvaro
                Rodríguez ArreguiTitle:Chief
                Financial Officer
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 

# Order

January 29, 2020

158764

In re CHRISTOPHER ROSS, JR., Minor

_________________________________________

PEOPLE OF THE STATE OF MICHIGAN, Petitioner

- Appellee,

v SC: 158764 COA: 331096 Oakland CC Family Div: CHRISTOPHER ROSS, JR., 2014

- 826056

- DL Respondent

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the August 21, 2018 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The appellant shall file a supplemental brief within 42 days of the date of this order addressing: (1) wh ether appeals from juvenile adjudications for criminal offenses are governed by the time limits for civil cases or by the time limits for criminal cases, see MCR 7.305(C)(2); (2) whether the standard for granting a new trial in a juvenile delinquency case is the same as the standard for granting a new trial in a criminal case, compare MCR 3.992(A) with MCR 6.431(B); (3) whether juveniles who claim a deprivation of their due process right to counsel must satisfy the two

- part test set forth in Strickland v Wa shington , 466 US 668, 687 (1984); and (4) whether the Court of Appeals erred in reversing the trial court’s decision to grant the respondent a new trial based on evidence that trial counsel did not obtain or present.

In addition to the brief, t he appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant’s brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellantI, 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.

January 29, 2020

t0122 2

Clerk within 14 days of being served with the appellee’s brief. The parties should not submit mere restatements of their application papers.

The Appellate Practice Section of the State Bar of Michigan, the Criminal Defense Attorneys of Michigan, the Prosecuting Attorneys Association of Michigan, the Juvenile Law Center, and the University of Michigan Law School Juvenile Justice Clinic are invited to file briefs amicus curiae. Other persons or groups int erested in the determination of the issues presented in this case may move the Court for permission to

file briefs amicus curiae.
INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference in  Registration  Statements Nos.
33-72130,   33-58362  and  333-3846  of  Genta  Incorporated  on  Form  S-3  and
Registration  Statement No.  33-85887 of Genta  Incorporated  on Form S-8 of our
report  dated  April  15,  1999  with  respect  to  the  consolidated  financial
statements  of Genta  Incorporated  and  subsidiaries,  appearing in this Annual
Report on Form 10-K for the year ended December 31, 1998 (which report expresses
an unqualified  opinion and includes an explanatory  paragraph  which  indicates
that there are matters that raise  substantial doubt about the Company's ability
to continue as a going concern).

DELOITTE & TOUCHE LLP
Boston, Massachusetts
April 15, 1999
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|                                              |

*Estimates based on the intermediate assumptions        of the 2008 Trustees Report*

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[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Sunshine Act Meetings]
[Page 62925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29951]








Commodity Futures Trading Commission

TIME AND DATE: 10:00 a.m., Thursday, December 7, 1995.

PLACE: 1155 21st St., NW., Washington, DC Lobby Level Hearing Room.

STATUS: Open.

MATTERS TO BE CONSIDERED:

    Proposed rules on minimum financial requirements, prepayment of 
subordinate debt and gross collection of Exchange-set martin for 
omnibus accounts.
    Final and proposed amendments to Commission Rule 3.34 concerning 
ethics training.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,

Secretary of the Commission.

[FR Doc. 95-29951 Filed 12-5-95; 1:35 pm]

BILLING CODE 6351-01-M
[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Notices]
[Page 8254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3501]



=======================================================================
-----------------------------------------------------------------------

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


International Advisory Panel; Notice of Meeting

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Public Law 92-463), as amended, notice is hereby given that meeting of 
the International Advisory Panel (International Projects Initiative 
Section) to the National Council on the Arts will be held on March 13-
15, 1995. The panel will meet from 9:00 a.m. to 6:00 p.m. on March 13 
and 14 and from 9:00 a.m. to 5:00 p.m. on March 15. This meeting will 
be held in Room 716, at the Nancy Hanks Center, 1100 Pennsylvania 
Avenue, N.W., Washington, D.C., 20506.
    Portions of this meeting will be open to the public from 9:00 a.m. 
to 10:00 a.m. on March 13 for introductions and instructions to the 
panel and from 4:00 p.m. to 5:00 p.m. on March 15 for an overview 
discussion.
    The remaining portions of this meeting from 10:00 a.m. to 6:00 p.m. 
on March 14; and from 9:00 a.m. to 4:00 p.m. on March 15 are for the 
purpose of Panel review, discussion, evaluation, and recommendation on 
applications for financial assistance under the National Foundation on 
the Arts and the Humanities Act of 1965, as amended, including 
information given in confidence to the agency by grant applicants. In 
accordance with the determination of the Chairman of February 8, 1994, 
these sessions will be closed to the public pursuant to subsection 
(c)(4), (6) and (9)(B) of section 552b of Title 5, United States Code.
    Any person may observe meetings, or portions thereof, of advisory 
panels which are open to the public, and may be permitted to 
participate in the panel's discussions at the discretion of the panel 
chairman and with the approval of the full-time Federal employee in 
attendance.
    If you need special accommodations due to a disability, please 
contact the Office of Special Constituencies, National Endowment for 
the Arts, 1100 Pennsylvania Avenue, N.W., Washington, D.C. 20506, 202/
682-5532, TYY 202/682-5496, at least seven (7) days prior to the 
meeting.
    Further information with reference to this meeting can be obtained 
from Ms. Yvonne Sabine, Committee Management Officer, National 
Endowment for the Arts, Washington, D.C., 20506, or call 202/682-5433.

    Dated: February 7, 1995.
Yvonne M. Sabine,
Director, Office of Council and Panel Operations, National Endowment 
for the Art.
[FR Doc. 95-3501 Filed 2-10-95; 8:45 am]
BILLING CODE 7537-01-M