alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### GERDE NEWMAN & CO. v. CURCURU.

No. 13858.

Court of Appeal of Louisiana. Orleans.

Jan. 11, 1932.

John A. Smith, Jr., of New Orleans, for appellant.

Ridgely Moise, of New Orleans, for appel-lee.

*84HIGGINS, J.

This is a suit by a wholesale grocery and produce company against a retail grocer to recover the purchase price of eggs sold by plaintiff to defendant, for future delivery, on April 25, 1930. ■

The defenses are: First, that the contract was a gambling transaction, and therefore not enforceable at law; and, second, in the alternative, that the contract was dependent upon a condition subsequent, i. e., that the market would go above 35 cents per dozen for eggs in storage; and that, as the condition was never fulfilled, the contract was unenforceable.

There was judgment in favor of the plaintiff, as prayed for, and defendant has appealed.

The record shows that the-salesman of the plaintiff called upon defendant for the purpose of soliciting orders for cold storage eggs for delivery in the future; that the defendant gave an order for 25 cases of eggs at 35 cents per dozen, amounting to $262.50; that the defendant was to have free cold storage to. December 31, 1930, and the privilege of accepting delivery at such times as he might wish; that the defendant deposited the sum of $25, or a dollar a case, on account of the contract price; that the defendant, although repeatedly called upon to accept delivery of the goods, refused to do so; and that the plaintiff sold the eggs for the defendant’s account at a loss of $105, for which amount this suit is brought.

Taking up the defenses in the above order, the record shows clearly that the contract was for 25 cases of eggs at 35 cents per dozen. There is no element of a gambling transaction in the contract because the price is for a definite and stated amount. In short, it is a contract for future delivery, and, if there is any element of speculation in the transaction, it is on the part of defendant, who. felt, because of advice he had received, 'that the market would advance. The market did not rise, but fell, and, being disappointed in this respect, he declined to accept delivery of the goods. The first defense is without merit.

On the second point, the defendant contends that it was agreed between himself and the salesman that, if the market advanced above 35 cents, he was to accept delivery of the eggs; but, if the market declined, he would not be bound by the contract. The salesman denies any such agreement, pointing out that, under those circumstances, the plaintiff would be permitting defendant to speculate at its expense. It is difficult for us to believe that a wholesale business house would enter into such a transaction, where it had everything to lose and nothing to gain, and would be put in the position of financing a customer’s speculation. We conclude that the defense that the agreement was predicated upon a condition subsequent is not sustained by the evidence.

For the reasons assigned, the judgment ap-. pealed from is affirmed.

Judgment affirmed.
I

104TH CONGRESS

1ST SESSION H. R. 444

To amend title 18, United States Code, to regulate the manufacture, importation, and sale of any projectile that may be used in a handgun and

is capable of penetrating police body armor.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 9, 1995

Mr. SCHUMER (for himself, Mr. SHAYS, Ms. SLAUGHTER, Mrs. ROUKEMA, Mr.

MARKEY, and Mr. DEUTSCH) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to regulate the

manufacture, importation, and sale of any projectile that

may be used in a handgun and is capable of penetrating

police body armor.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cop-Killer Bullet Ban

5 Act of 1995’’.
2

•HR 444 IH

1 SEC. 2. REGULATION OF THE MANUFACTURE, IMPORTA2 TION, AND SALE OF PROJECTILES THAT MAY

3 BE USED IN A HANDGUN AND ARE CAPABLE

4 OF PENETRATING POLICE BODY ARMOR.

5 (a) EXPANSION OF DEFINITION OF ARMOR PIERCING

6 AMMUNITION.—Section 921(a)(17)(B) of title 18, United

7 States Code, is amended—

8 (1) by striking ‘‘or’’ at the end of clause (i);

9 (2) by striking the period at the end of clause

10 (ii) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following:

12 ‘‘(iii) a projectile that may be used in a hand13 gun and that the Secretary determines, pursuant to

14 section 926(d), to be capable of penetrating body

15 armor.’’.

16 (b) DETERMINATION OF THE CAPABILITY OF PRO17 JECTILES TO PENETRATE BODY ARMOR.—Section 926 of

18 such title is amended by adding at the end the following:

19 ‘‘(d)(1) The Secretary shall determine whether a pro20 jectile is capable of penetrating body armor, in accordance

21 with regulations prescribed by the Secretary not later than

22 1 year after the date of the enactment of this subsection.

23 Such regulations shall provide for uniform testing of pro24 jectiles against the Body Armor Exemplar, based on

25 standards developed in cooperation with the Attorney Gen26 eral of the United States. Such standards shall take into
3

•HR 444 IH

1 account, among other factors, variations in performance

2 that are related to the length of the barrel of the handgun

3 from which the projectile is fired and the amount and kind

4 of powder used to propel the projectile.

5 ‘‘(2) As used in paragraph (1), the term ‘Body Armor

6 Exemplar’ means body armor that the Secretary, in co7 operation with the Attorney General of the United States,

8 determines meets minimum standards for protection of

9 law enforcement officers.’’.

Æ
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Page 46000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18329]


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

 COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

Time and Date: 11 a.m., Friday August 8, 2008.

Place: 1155 21st St., NW., Washington, DC., 9th Floor Commission 
Conference Room.

Status: Closed.

Matters to be Considered:
    Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, 202-418-5084.

Sauntia S. Warfield,
Staff Assistant.
 [FR Doc. E8-18329 Filed 8-5-08; 4:15 pm]
BILLING CODE 6351-01-P
December 1, 2006



Canaccord Capital Corporation
Suite 2200, 609 Granville Street

Vancouver, BC

V7Y 1H2



Dear Sirs:



Re: Underwriting Agreement dated November 21, 2006 between MIGENIX Inc. and Canaccord Capital Corporation (the Underwriting Agreement)



We confirm that the definition of Closing Date in the Underwriting Agreement is amended to be as follows:



Closing Date means December 6, 2006 or such other date as the Corporation and the Underwriter may agree upon in writing.



Additionally, we confirm that the second sentence of the opening paragraph on page one of the Underwriting Agreement is amended to be as follows:



Each whole Warrant will entitle the holder to purchase one Common Share at a price of $0.80 per share for a period of 60 months from the Closing Date.



In all other respects the Underwriting Agreement remains in full force and effect, unamended and unmodified.



Please sign and return a copy of this letter signifying your agreement to the foregoing.



Yours truly,



MIGENIX Inc.



Per: /s/_________________________

Arthur J. Ayres

Chief Financial Officer

& Senior Vice President, Finance



|                                                        
|--------------------------------------------------------
|Confirmed and agreed to this ____ day of December, 2006.
|CANACCORD CAPITAL CORPORATION Per:
Name:
Title:
#### Pamela COPELAND, Beverly Smith, Donna Sellers, Deborah Adams, Gus Lindsay, Jr., Kerry Lindsay, and Rickey Lindsay, Appellants, v. Elwood KNOWLES, and Tracy Knowles, and St. Louis Regional Medical Center, Respondents.

No. 68023.

Missouri Court of Appeals, Eastern District, Division Three.

July 9, 1996.

Rehearing Denied Aug. 15, 1996.

*695John S. Wallach, St. Louis, for appellants.

LeRoy Crouther, Jr., St. Louis, for Knowles.

Tyrone A. Tabora & Michael Hughes, Patricia A. Hageman, St. Louis, for St. Louis Regional Professional Services Corp.

Before GERALD M. SMITH, P.J., and GARY M. GAERTNER and RHODES RUSSELL, JJ.

*ORDER*

PER CURIAM.

Pamela Copeland, Beverly Smith, Donna Sellers, Deborah Adams, Gus Lindsay, Jr., Kerry Lindsay, and Rickey Lindsay appeal from a judgment of the Circuit Court of the City of St. Louis approving a settlement offer in a wrongful death suit brought by Elwood and Tracy Knowles over the death of Patricia Knowles. We affirm. Respondents’ motion for frivolous appeal damages is denied.

An extended opinion would serve no prece-dential value. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the reasons for this order. The judgment is affirmed pursuant to Rule 84.16(b).
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4301 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4301

To amend the Internal Revenue Code of 1986 to provide that elected tax 
   collectors shall be treated as self-employed for certain purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

 Mr. Goodling introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to provide that elected tax 
   collectors shall be treated as self-employed for certain purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREATMENT OF ELECTED TAX COLLECTORS.

    (a) Deduction of Expenses From Gross Income.--Paragraph (2) of 
section 62(a) of the Internal Revenue Code of 1986 (defining adjusted 
gross income) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Certain expenses of elected tax collectors.--
                The deductions allowed by section 162 which consist of 
                expenses paid or incurred by an elected tax collector 
                in connection with the performance by him of tax 
                collection services as an employee. For purposes of the 
                preceding sentence, the term `elected tax collector' 
                means any individual who is elected to collect county, 
                local, and school district taxes within such 
                individual's electoral district and who, as such, is an 
                employee.''
    (b) Eligibility for Keogh Plan if Not Participating in Public 
Retirement Plan.--Paragraph (2) of section 401(c) of such Code is 
amended by redesignating the subparagraph relating to income from 
disposition of certain property as subparagraph (B) and by inserting 
after such subparagraph the following new subparagraph:
                    ``(C) Income of elected tax collectors.--For 
                purposes of this section, in the case of an elected tax 
                collector (as defined in section 62(a)(2)(C)) who is 
                not a participant (as such a collector) in a retirement 
                system of a State or local government, the term `earned 
                income' includes the amount by which the individual's 
                net earnings from self-employment (as defined in 
                section 1402(a)) would increase if the individual were 
                not an employee with respect to the performance of tax 
                collection services.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management 

          - [UTU81324] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice. 

# SUMMARY:

In accordance with Title IV of the Federal Oil and Gas Royalty Management Act (Pub. L. 97-451), Mountain Home Petroleum Inc. timely filed a petition for reinstatement of oil and gas lease UTU81324 for lands in Sanpete County, Utah, and it was accompanied by all required rentals and royalties accruing from July 1, 2008, the date of termination. 

# FOR FURTHER INFORMATION CONTACT:

Kent Hoffman, Deputy State Director, Division of Lands and Minerals at (801) 539-4080. 

# SUPPLEMENTARY INFORMATION:

                    The Lessee has agreed to new lease terms for rentals and royalties at rates of $5 per acre and 16                    2/3                     percent, respectively. The $500 administrative fee for the lease has been paid and the lessee has reimbursed the Bureau of Land Management for the cost of publishing this notice.                 

Having met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188), the Bureau of Land Management is proposing to reinstate the leases, effective July 1, 2008, subject to the original terms and conditions of the lease and the increased rental and royalty rates cited above. 

Kent Hoffman, 

Deputy State Director, Division of Lands and Minerals.

[FR Doc. E8-18428 Filed 8-8-08; 8:45 am] 

BILLING CODE 4310-$$-P
----

----

|   | (1)               The Report fully complies with the requirements of      Section 13(a) or 15(d) of the Securities 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. |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| May      15, 2008 | /s/ James      Roszel |
|-------------------|-----------------------|
|              | James      Roszel     |
|              | President             |

----
<PAGE>
                                                                    Exhibit 23.1



            Consent of Independent Registered Public Accounting Firm



Sigmatron International, Inc.
Elk Grove Village, Illinois


We hereby consent to the incorporation by reference in the Registration
Statements of Sigmatron International, Inc. on Form S-8 (File No. 33-20147 and
333-52044) of our report dated July 16, 2007, relating to the consolidated
financial statements of Sigmatron International, Inc. appearing in the Company's
Annual Report on Form 10-K for the year ended April 30, 2007.



/s/ BDO Seidman, LLP
Chicago, Illinois

July 16, 2007
**Exhibit 23.1**

 

Consent of Independent Auditors 

 

We consent to the incorporation by reference in the Registration Statements (Form S-3 No. 333-20143, Form S-3 No. 333-55916 and Form S-8 No. 333-42735) of Jameson Inns,Inc. and the related Prospectuses of our report dated February 20, 2004, except for Note 3, as to which the date is March 1, 2004, with respect to the consolidated financial statements and schedule of Jameson Inns, Inc. and our report dated February20, 2004 with respect to the consolidated financial statements of Kitchin Hospitality, LLC included in this Annual Report on Form 10-K for the year ended December 31, 2003. 

 

/s/ Ernst & Young LLP 

 

Atlanta, Georgia 

March 15, 2004
Exhibit 4.35

 

[Coat of arms of Ukraine]

 



 

	
Series AE
    	
LICENSE
    	
No. 286185
    


 

NATIONAL COMMISSION FOR THE STATE REGULATION 
 OFCOMMUNICATIONS AND INFORMATIZATION

 

	
Kind of telecommunication activities and area:
    	
 
    	
Construction and Maintenance of Communication   Networks with Movable Facilities and Providing Services of Networks Using   within Ukraine according to the   License terms and conditions.
    
	
 
    	
 
    	
 
    
	
Business entity:
    	
 
    	
MTS UKRAINE  PRIVATE JOINT STOCK COMPANY
    
	
 
    	
 
    	
 
    
	
Registered number according to EDRPOU:
    	
 
    	
14333937
    
	
 
    	
 
    	
 
    
	
Location of a legal entity:
    	
 
    	
15, Leiptsigska str., Kiev, 01601
    
	
 
    	
 
    	
 
    
	
Date of acceptance,  No. and content of the decision about license validity date   extending:
    	
 
    	
January 28, 2014 No. 53
    This is to extend by 5 years   the validity date of the License since December 04, 2013 of MTS Ukraine   Private Joint Stock Company (15, Leiptsigska str., Kiev, 01601, EDRPOU code   14333937) Series AV, No. 546035 dated July 12, 2010.
    
	
 
    	
 
    	
 
    
	
Total validity period of the License:
    	
 
    	
Till December 03, 2018
    
	
 
    	
 
    	
 
    
	
Special conditions:
    	
 
    	
The given License entitles the Licensee to work   out, construct, possess, operate cellular communication networks of general   purpose NMT-450, Nordic Standard, GSM-900, PSN, DCS-1800 and to render   relevant communication services.
    


 

	
Head   of the Commission
    	
(signature) P. Yatsuk
    


 

Official seal:

Ukraine

Kiev city

NATIONAL COMMISSION FOR THE STATE REGULATION

OF COMMUNICATIONS AND INFORMATIZATION

Registered number 37994250

 

February 11, 2014
1

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 09-20326 

v. Honorable Nancy G. Edmunds 

CLARENCE HENRY COHEN (D-9), 

 

 Defendant. 

_______________________________/ 

ORDER DENYING DEFENDANT’S MOTION [589] 

This matter is before the Court on Defendant’s motion to hold his emergency 

motion for compassionate release in abeyance until thirty days have lapsed from the 

date his administrative request for release was submitted to the warden at his facility. 

(ECF No. 589.) The Court, however, has already issued an order denying Defendant’s 

motion for compassionate release.1 (See ECF No. 588.) Accordingly, Defendant’s 

motion is DENIED as moot. The Court notes that because Defendant’s motion for 

compassionate release was denied without prejudice, Defendant may refile his motion 

once he has satisfied the exhaustion requirement. 

SO ORDERED. 

 s/Nancy G. Edmunds 

 Nancy G. Edmunds 

 United States District Judge 

Dated: January 15, 2021 

1 While Defendant’s present motion was filed on January 4, 2021, it was not 

entered on the docket until January 14, 2021. The Court issued its opinion and order 

denying Defendant’s motion for compassionate release on January 12, 2021. 

Case 2:09-cr-20326-NGE-VMM ECF No. 590, PageID.2464 Filed 01/15/21 Page 1 of 2
2

I hereby certify that a copy of the foregoing document was served upon counsel of record 

on January 15, 2021, by electronic and/or ordinary mail. 

 s/Lisa Bartlett 

 Case Manager 

 

Case 2:09-cr-20326-NGE-VMM ECF No. 590, PageID.2465 Filed 01/15/21 Page 2 of 2
|   | (1) | The Report fully complies with      the requirements of Section 13(a) or 15(d), as applicable, of the      Securities 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 at the dates and for the periods      indicated. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      October 27, 2010 | /s/      Qingqing Wu               |   |
|-----------------------------|------------------------------------|--------|
|                        | Qingqing      Wu                   |   |
|                        | Chief      Executive Officer       |   |
|                        | (Principal      Executive Officer) |   |

----
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

ADRIA VITTITOW,

Plaintiff(s),

Case No. 09-13587

HON. BERNARD A. FRIEDMAN

vs.

BEACON HILL APARTMENTS, ET AL, 

Defendant(s).

_______________________________/

NOTICE OF DETERMINATION OF MOTION

 WITHOUT ORAL ARGUMENT 

The following motion(s) having been filed: Defendant, Beacon Hill Apartments’

Motion to Dismiss filed on 12/15/09. The Court having reviewed the same and pursuant

to Eastern District of Michigan LR 7.1(e)(2), 

IT IS ORDERED that response and reply briefs shall be filed in accordance with

Eastern District of Michigan LR 7.1(d); and that the motions will be determined without

oral argument. 

s/Bernard A. Friedman 

BERNARD A. FRIEDMAN

UNITED STATES DISTRICT JUDGE

Dated: December 30, 2009

I hereby certify that a copy of the foregoing document was served upon counsel.

s/Carol Mullins 

Case Manager

Case 2:09-cv-13587-BAF-MKM Document 39 Filed 12/30/2009 Page 1 of 1