alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The FIRESTONE TIRE AND RUBBER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 75-1673.

United States Court of Appeals, Sixth Circuit.

April 15, 1976.

*337William N. Ozier, Bass, Berry & Sims, Nashville, Tenn., Thorley C. Mills, Jr., Firestone Tire & Rubber Co., Akron, Ohio, for petitioner.

Elliott Moore, Marjorie S. Gofreed, Deputy Associate General Counsel, N.L.R.B., Washington, D. C., for respondent.

Before WEICK, EDWARDS and ADAMS *, Circuit Judges.

*

 The Honorable Arlin M. Adams, Judge, United States Court of Appeals for the Third Circuit, sitting by designation.

ORDER

Upon consideration of Firestone’s petition for review and the Board’s cross-application for enforcement, we are of the opinion that the Board erred in denying Firestone an evidentiary hearing on its objections to the election on the ground that the union on the eve of the election made misrepresentations to employees that it had negotiated provisions in its contract permitting security guards to transfer into production positions and to return to their positions as guards if they did not like the job into which they had been transferred.

It is therefore ORDERED that the Board’s order be vacated and the cause remanded to the Board for an evidentiary hearing on said issue.
<PAGE>
 
                                                                   Exhibit 12(a)



                          J. C. Penney Company, Inc.
                      (the Company and all subsidiaries)

      Computation of Ratios of Available Income to Combined Fixed Charges
                   and Preferred Stock Dividend Requirement


<TABLE>
<CAPTION>
                                              52 weeks  52 weeks
                                                ended     ended
                                              --------  --------
                                              Oct. 26,  Oct. 28,
                                                1996      1995
                                              --------  --------
($ Millions)
<S>                                           <C>       <C>
                                                      
Income from continuing operations                     
  (before income taxes,                               
  before capitalized interest,                        
  but after preferred stock dividend)          $1,212    $1,444
                                               ------    ------
                                                      
Fixed charges                                         
                                                      
  Interest (including capitalized                     
   interest)                                          
                                                      
     On operating leases                          102        95
     On short term debt                           101       130
     On long term debt                            298       242
     On capital leases                              5         6
     Other, net                                     4         1
                                               ------    ------
                   Total fixed charges            510       474
                                                      
Preferred stock dividend, before taxes             47        49
                                               ------    ------
                                                      
Combined fixed charges and preferred stock            
  dividend requirement                            557       523
                                               ------    ------
                                                      
Total available income                         $1,769    $1,967
                                               ======    ======
                                                      
Ratio of available income to combined                 
  fixed charges and preferred stock                   
  dividend requirement                            3.2       3.8
                                               ======    ======
 
</TABLE>


The interest cost of the LESOP notes guaranteed by the Company is not included
in fixed charges above.

The Company believes that, due to the seasonal nature of its business, ratios
for a period other than a 52 week period are inappropriate.
EX-35 (c)
(logo) WELLS FARGO

Corporate Trust Services
MACN2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax


Wells Fargo Bank, N.A.

August 24, 2007

Wells Fargo Bank, N.A.
9062 Old Annapolis Road
Columbia, MD 21045

RE: Annual Statement As To Compliance for MASTR Asset Backed Securities Trust
    2006-FRE2

Per Section 3.20 of the Pooling and Servicing Agreement, dated as of 5/1/2006,
the undersigned Officer of Wells Fargo Bank, N.A., (Trust Administrator), hereby
certifies the following for the 2006 calendar year or portion thereof:

(i) A review of the activities of such party during the preceding calendar
year and of performance under this Agreement has been made under such officer's
supervision.

(ii) To the best of such officer's knowledge, based on such review, except as
 otherwise provided on Schedule A hereto, Wells Fargo has fulfilled all of its
 obligations under the servicing agreement(s) in all material respects
 throughout the reporting period.


Certified By:
/s/ Elisabeth A. Brewster
Elisabeth A. Brewster, Vice President

Certified By:
/s/ Gordon Johnson
Gordon Johnson, Assistant Secretary


(page)


Schedule A


Reporting Errors


During the reporting period, one or more of the monthly investor reports
contained certain types of errors in regard to the calculation and or the
reporting of delinquencies for the pool assets. To the best of the signing
officer's knowledge, each such error, which may or may not have been material,
has been identified and remedied and any related corrective action has been
disclosed in a report previously filed with the SEC in respect of the reporting
period.


MABS 2006-FRE2
188 La. 411

#### STATE of Louisiana v. Ed LEATHERMAN.

No. 34551.

Supreme Court of Louisiana.

Nov. 2, 1937.

John R: Hunter, of Alexandria, for appellant.

Gaston L. Porterie, Atty. Gen., James O’Connor, Asst. Atty. Gen., and A. V. Hundley, Dist. Atty., and Ben. F. Thompson, Jr., Asst. Dist. Atty., both of Alexandria, for the State.

ROGERS, Justice.

The defendant, Ed Leatherman, was charged with violating an ordinance adopted by the Police Jury of Rapides Parish on January 15, 1935. He was tried, convicted, and sentenced on the charge. On appeal he relies on bills of exception taken to the action of the trial judge in overruling his motions to quash, for a new trial, and in arrest of judgment. Defendant's complaint as set forth in his plead*256ings is that the ordinance is unconstitutional and invalid.

The case presents the same issues as are presented in the case of State v. Roy Reed (La.Sup.) 177 So. 252, this day decided.

For the reasons assigned in the case of State v. Reed, the conviction and sentence herein appealed from are annulled, the motion to quash is sustained, and defendant is ordered discharged.

HIGGINS, J., takes no part.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-2021

_____________________________

TRAMAIN SMITH,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Walton County.

Kelvin C. Wells, Judge.

November 28, 2018

PER CURIAM.

AFFIRMED.

B.L. THOMAS, C.J., and ROBERTS and OSTERHAUS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Tramain Smith, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
#### Larry Dinell DAVIS, Plaintiff-Appellant, v. C.M. LENSING; Elayn Hunt Correctional Center, Defendants-Appellees.

No. 03-30254.

United States Court of Appeals, Fifth Circuit.

Aug. 19, 2003.

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM.*

Larry Dinell Davis, Louisiana prisoner No. 260148, appeals the district court’s dismissal of his civil rights complaint as frivolous. The district court determined that Davis’s claims are barred by the Eleventh Amendment and that Louisiana law offers Davis an adequate post-deprivation remedy for his claims of unpaid wages and lost or destroyed property. We find no error in the district court’s determination.

Davis’s appeal is thus without arguable merit and is frivolous. *See Howard v. King,*707 F.2d 215, 219-20 (5th Cir.1983). Because the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2.

The dismissal of this appeal and the dismissal as frivolous by the district court each count as a “strike” for purposes of 28 U.S.C. § 1915(g). *Adepegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). Davis, therefore, has two “strikes” under 28 U.S.C. § 1915(g). We caution Davis that once he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. *See*28 U.S.C. § 1915(g).

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.

*

 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.
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 4, 2009

0128 

# Order

February 4, 2009

137134

RAYMOND SCHORNAK, Plaintiff-Appellee,

v SC: 137134 COA: 277024 WCAC: 05-000316 DAIMLERCHRYSLER CORPORATION, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 15, 2008 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
#### METOYER v. TEXAS & P. RY. CO.

No. 5512.

Court of Appeal of Louisiana. Second Circuit.

June 30, 1937.

Frank H. Peterman, of Alexandria, and Spencer, Gidiere, Phelps & Dunbar, of New Orleans, for appellant.

J. D. Rusca, of Natchitoches, for ap-pellee.

DREW, Judge.

Plaintiff instituted this suit to collect $300, the alleged value of two mules killed by a passenger train of defendant on the night of October 12, 1935. The accident occurred in the country between the stations of Derry and Montrose.

Defendant admits the killing of the mules, but denies that same was due to any negligence or carelessness on its part.

The lower court rendered judgment for plaintiff as prayed for and the defendant has perfected this appeal.

There is little or no dispute as to the facts of the case. The train which killed the mules was a fast through passenger consisting of an engine and eight coaches. The place of the accident was in the country. The train was running on schedule time at a speed of. sixty miles per hour. The right of way was fenced in, and it is not shown where or how the mules got onto the right of way. The headlights on the engine were burning and were bright enough for an object to be discerned 800 feet ahead in clear weather. The time of the accident was just before daylight. The train could not be brought to a stop, when traveling as fast as it was, in a lesser distance than 1,800 feet. Due to a fog the engineer and fireman did not see the mules until within a distance of about' 100 feet, at which time the brakes were applied, the whistle sounded, and the bell rung. The distance was too short within which to stop the train. The mules did not move after being discovered on the track by the engineer and fireman.

Under such facts as above found in this case, and over which there can be no serious dispute, the courts have repeatedly held the railroad company is not liable. McLemore v. Louisiana Railway Co., 17 La.App. 74, 135 So. 244; Wallace v. Missouri Railway Co. (La.App.) 151 So. 103; Jeter v. Texas & P. Railway Co. (La.App.) 149 So. 144; Boyd v. Kansas City Railway Co. (La.App.) 147 So. 100: *491Sanders v. Illinois Cent. Railway Co., 127 La. 917, 54 So. 147; Campbell & Co. v. Texas & P. Railway Co. (La.App.) 152 So. 351.

The accident was entirely unavoidable in so far as the defendant was concerned and it is not liable.

The judgment of the lower court is erroneous, and is now reversed and the demands of plaintiff rejected, at his cost.
__________________________________________________________________________________________________

2777 N. Stemmons Frwy., Suite 1157 | Dallas, Texas 75207

P: (214) 905-2003 | D: (214) 678-1431 | F: (214) 905-1213

dmwalsh@chambleeryan.com | www.chambleeryan.com

January 22, 2015

VIA ELECTRONIC FILING

Mr. Jeffrey D. Kyle

Third Court of Appeals

P.O. Box 12547

Austin, Texas 78711

 Re: Steve Key, Pat Curry, PJC Properties, L.L.C. and PJC Central

Texas Freight Lines, L.L.C. v. Daniel R. Richards, as Receiver for

Centex Freight Lines, L.L.C. and Prudence Adams

Case No.: 03-14-00116-CV

Our File No.: 163-5341

Dear Mr. Kyle:

Please be advised that I will be presenting oral argument on behalf of Appellants

Steve Key, Pat Curry, PJC Properties, L.L.C. and PJC Central Texas Freight Lines, L.L.C.

on February 11, 2015 at 1:30 p.m.

As always, thank you for your assistance in this matter. Please feel free to contact

me if you need further information or if you have any questions.

Sincerely,

David M. Walsh IV

DMW:bps

cc: Clark Richards, Esq. – via e-mail

ACCEPTED

03-14-00116-CV

3858535

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/22/2015 11:02:08 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/22/2015 11:02:08 AM JEFFREY D. KYLE Clerk
117TH CONGRESS 

2D SESSION H. R. 6722 

AN ACT 

To designate the Department of Veterans Affairs communitybased outpatient clinic in French Camp, California, as 

the ‘‘Richard A. Pittman VA Clinic’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 6722 EH

1 SECTION 1. FINDINGS. 

2 Congress finds the following: 

3 (1) Richard A. Pittman was born on May 26, 

4 1945, in French Camp, California. 

5 (2) Richard A. Pittman enlisted in the Marine 

6 Corps in 1965 and was later promoted to Lance 

7 Corporal. 

8 (3) On July 24, 1966, Lance Corporal Pitt9 man’s unit, First Platoon, Company I, Third Bat10 talion, Fifth Marines, was moving along a trail near 

11 the Demilitarized Zone in the Republic of Vietnam 

12 when the Marines ahead of them came under attack. 

13 (4) Upon hearing the attack, Lance Corporal 

14 Pittman took a machine gun and several belts of 

15 ammunition and rushed to aid his comrades. As he 

16 advanced, Lance Corporal Pittman encountered in17 tense small-arms fire at point-blank range. He was 

18 able to return fire and silence the enemy combat19 ants. Continuing towards the attacked Marines, 

20 Lance Corporal Pittman came under heavy fire from 

21 two automatic weapons, which he was able to de22 stroy. 

23 (5) When Lance Corporal Pittman learned 

24 there were additional wounded Marines further 

25 along the trail, he endured enemy mortar and gun-
3 

•HR 6722 EH

1 fire to get to them. As he reached them, he faced 

2 an attack by 30 to 40 enemy fighters. 

3 (6) Lance Corporal Pittman used a combination 

4 of machine-gun fire, an enemy submachine gun, a 

5 pistol from a fallen comrade, and a grenade to cause 

6 enemy forces to withdraw. Due to his courageous ac7 tions, many of his wounded comrades were saved. 

8 (7) In recognition of his bravery that day, Rich9 ard A. Pittman, who was then a Sergeant, was 

10 awarded the Medal of Honor by President Lyndon 

11 B. Johnson on May 14, 1968. 

12 (8) Richard A. Pittman retired in 1988 as a 

13 Master Sergeant, after having served in the Marine 

14 Corps for more than two decades. 

15 SEC. 2. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

16 COMMUNITY-BASED OUTPATIENT CLINIC, 

17 FRENCH CAMP, CALIFORNIA. 

18 (a) DESIGNATION.—The Department of Veterans Af19 fairs community-based outpatient clinic in French Camp, 

20 California, shall after the date of the enactment of this 

21 Act be known and designated as the ‘‘Richard A. Pittman 

22 VA Clinic’’. 

23 (b) REFERENCES.—Any reference in a law, map, reg24 ulation, document, paper, or other record of the United 

25 States to the clinic referred to in subsection (a) shall be 
4 

•HR 6722 EH

1 deemed to be a reference to the ‘‘Richard A. Pittman VA 

2 Clinic’’. 

Passed the House of Representatives November 14, 

2022. 

Attest: 

Clerk. 

117TH CONGRESS 

2D SESSION H. R. 6722 

AN ACT 

To designate the Department of Veterans Affairs 

VA Clinic’’. Camp, California, as the ‘‘Richard A. Pittman community-based outpatient clinic in French
EXHIBIT 12-2

                  PECO ENERGY COMPANY AND SUBSIDIARY COMPANIES
           COMPUTATION OF RATIO OF EARNINGS TO COMBINED FIXED CHARGES
                    AND PREFERRED STOCK DIVIDEND REQUIREMENTS
                                   SEC METHOD
                                     ($000)

                                                              9 MONTHS
                                                                ENDED
                                                               09/30/96
                                                               --------
NET INCOME                                                    $398,896

ADD BACK:
- INCOME TAXES:
     OPERATING INCOME                                          273,249
     NON-OPERATING INCOME                                       (2,037)
                                                               -------
     NET TAXES                                                 271,212


- FIXED CHARGES:
     INTEREST APPLICABLE TO DEBT                               278,942
     ANNUAL RENTALS                                              6,412
                                                               -------
     TOTAL FIXED CHARGES                                       285,354

EARNINGS REQUIRED FOR PREFERRED DIVIDENDS:
     DIVIDENDS ON PREFERRED STOCK                               13,527
     ADJUSTMENT TO PREFERRED DIVIDENDS *                         9,197
                                                               -------
                                                                22,724

FIXED CHARGES AND PREFERRED DIVIDENDS                          308,078
                                                              ========

EARNINGS BEFORE INCOME TAXES AND
     FIXED CHARGES                                            $955,462
                                                              ========
RATIO OF EARNINGS TO COMBINED FIXED CHARGES
     AND PREFERRED STOCK DIVIDEND REQUIREMENTS                    3.10
                                                                  ====

 * ADDITIONAL CHARGE EQUIVALENT TO EARNINGS REQUIRED
   TO ADJUST DIVIDENDS ON PREFERRED STOCK TO A PRE-TAX BASIS
| **Segment Information - Narrative (Details)** | 9 Months Ended |
|-----------------------------------------------|----------------|
||
| **Segment Reporting [Abstract]**              |           |
| Number of Industries Operating In             | 2              |
| Number of Reportable Segments                 | 5              |

| X                                                                                                                                                                                                                                                 |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| - Definition
Number of Industries Operating In
+ References
No definition available.
+ Details**Name:**cinf_NumberOfIndustriesOperatingIn**Namespace Prefix:**cinf_**Data Type:**xbrli:integerItemType**Balance Type:**na**Period Type:**duration |
| X                                                                                                                                                                                                                                                                                                                                                                                                                                                            |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| - Definition
Number of segments reported by the entity. A reportable segment is a component of an entity for which there is an accounting requirement to report separate financial information on that component in the entity's financial statements.
+ References
No definition available.
+ Details**Name:**us-gaap_NumberOfReportableSegments**Namespace Prefix:**us-gaap_**Data Type:**xbrli:integerItemType**Balance Type:**na**Period Type:**duration |
| X                                                                                                                                                            |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------|
| - Details**Name:**us-gaap_SegmentReportingAbstract**Namespace Prefix:**us-gaap_**Data Type:**xbrli:stringItemType**Balance Type:**na**Period Type:**duration |