alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### FRANZ v. NEW ORLEANS COFFEE CO., Limited.

No. 14525.

Court of Appeal of Louisiana. Orleans.

Oct. 30, 1933.

*440Spearing & McClendon, of New Orleans, for appellant

Henry *&*Cooper and A. M. Suthon, all of New Orleans, for appellee.

WESTERFIELD, Judge.

The plaintiff in this case alleges that on May 15, 1924, ’his Peerless touring car was damaged to the *extent*of $470.56 on account of the negligence of a servant of defendant. From a judgment dismissing plaintiff’s suit, this appeal is prosecuted.

It appears from the record that the plaintiff was driving up Magazine street, which is a wide avenue 'with two street car tracks on it, and, as he approached the corner of Peniston street, he undertook to pass a large barrel wagon which was directly in his path, turning to ihe left for that purpose. As he did so a truck, driven by an employee of the defendant, which had been parked at the curb, suddenly loomed up in front of him. In an effort to avoid hitting the truck, plaintiff turned sharply to the right and struck the barrel wagon a glancing blow, with the result that his car, due to the fact that the pavement was wet and slippery, skidded into the curb on the right-hand sidewalk, causing the damages for which this suit is brought.

Plaintiff relies upon a line of authorities, many of them from this1 court, cited in his brief, to the effect that, where an automobile suddenly emerges in the path of traffic either by starting from a standstill, or entering from a byroad obscured by shrubbery, bushes, or a fence, the utmost care should be taken by the driver to ascertain whether his path is clear. Smith v. Interurban Transp. Co., 5 La. App. 706; Collier v. Frank Varino & Co., 153 La. 638, 96 So. 500¡; Martens v. Penton, 15 La. App. 35, 130 So. 354; Huddy Cyc. of Automobile Law, vols. 3-4, p. 86; Blashfield, Cyc. of Automobile Law, vol. 1, p. 309, § 10. These authorities do not seem to us to be in point here, because our appreciation of the record is to the effect that, when the Franz car emerged from behind the barrel wagon at a speed of about twenty-five miles an hour, the coffee truck of defendant had started from the curb, and was in a position such as to make the maneuver contemplated by the driver of the Franz ear unsafe. The case seems to us to be controlled by the authority of Goodnight v. Willis, 4 La. App. 26, and Relf v. Tufts et al., 19 La. App. 600, 141 So. 90. In passing another vehicle and entering the path of contrary traffic, as was done in this case by the plaintiff, unusual precaution should be- taken to see that the way is clear. Vehicles moving in the opposite direction cannot be held responsible for failure to anticipate the intention of a driver to pass a vehicle in front of him. especially when, as in this case, the vehicle is a iarge barrel wagon with protruding sides.

Our conclusion is that the judgment appealed from is correct, and, for the reasons herein assigned, it is affirmed.

Affirmed.
[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Page 52861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21020]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0132]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; State Petitions for Exemption from 
Preemption

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``State Petitions for Exemption from 
Preemption'' has been approved by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information 
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-796-3794.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 16, 2008 (73 
FR 34024), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0277. 
The approval expires on August 31, 2011. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: September 4, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-21020 Filed 9-9-08; 8:45 am]
BILLING CODE 4160-01-S
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 117 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
H. J. RES. 117

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Approving the location of the commemorative work in the District of 
             Columbia honoring former President John Adams.

Whereas section 8908 of title 40, United States Code, provides that the location 
        of a commemorative work in the area described as Area I shall be deemed 
        disapproved unless approved by law not later than 150 days after 
        notification to Congress that the commemorative work should be located 
        in Area I;
Whereas Public Law 107-62 (115 Stat. 411) authorized the Adams Memorial 
        Foundation to establish a commemorative work on Federal land in the 
        District of Columbia to honor former President John Adams and his 
        legacy; and
Whereas the Secretary of the Interior has notified Congress of her determination 
        that a memorial to former President John Adams should be located in Area 
        I: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. APPROVAL OF COMMEMORATIVE WORK.

    (a) Approval.--Congress approves the location for the commemorative 
work to honor former President John Adams and his legacy, as authorized 
by Public Law 107-62 (115 Stat. 411), within Area I as described in 
section 8908 of title 40, United States Code, subject to the limitation 
in subsection (b).
    (b) Limitation.--The commemorative work approved in subsection (a) 
shall not be located within the Reserve.
    (c) Definition of Reserve.--In this section the term ``Reserve'' 
means the area of The National Mall extending from the United States 
Capitol to the Lincoln Memorial, and from the White House to the 
Jefferson Memorial, as depicted on the map entitled ``Commemorative 
Areas Washington, DC and Environs,'' numbered 869/86501A and dated May 
1, 2002.

            Passed the House of Representatives November 15 
      (legislative day, November 14), 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                             H. J. RES. 117

_______________________________________________________________________

                            JOINT RESOLUTION

  Approving the location of the commemorative work in the District of 
             Columbia honoring former President John Adams.
```
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 21-0294

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

BOYD VAN FLEET,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable Luke Berger, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

January 26 2022

01/26/2022

Case Number: DA 21-0294
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-08-319-CR

CALVIN JAVIER HOLLOWAY	APPELLANT

	V.

THE STATE OF TEXAS	STATE

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

	FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY

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

	MEMORANDUM OPINION1

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

	After waiving a jury and entering an open plea of guilty, appellant Calvin Javier Holloway appeals his conviction and ten-year sentence for aggravated robbery with a deadly weapon.2  We affirm.   

	Appellant’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  In the brief, counsel avers that, in his professional opinion, the appeal is frivolous.  Counsel’s brief and motion meet the requirements of Anders v. California3 by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.  We gave appellant the opportunity to file a pro se brief, and he has not filed one.  The State also has not filed a brief.

	Once an appellant’s court-appointed attorney files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record.4  Only then may we grant counsel’s motion to withdraw.5 

	We have carefully reviewed the record and counsel’s brief.  We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that might arguably support the appeal.6  Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment. 

								PER CURIAM

PANEL:  CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DO NOT PUBLISH	

Tex. R. App. P. 47.2(b)

DELIVERED: March 12, 2009
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 Health and Human Services

###### National Institutes of Health

      ( print page 52864)    
                    Notice is hereby given of a change in the meeting of the National Center for Research Resources Special Emphasis Panel, October 15, 2008, 1 p.m. to October 15, 2008, 4 p.m., National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892, which was published in the                     **Federal Register**                     on August 11, 2008, 73 FR N155.                

The previously announced teleconference meeting will now be held as a regular meeting at the Hilton Washington/Rockville Hotel, 1750 Rockville Pike, Rockville, MD 20852. The meeting is closed to the public.

Dated: September 4, 2008.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E8-21038 Filed 9-10-08; 8:45 am]

BILLING CODE 4140-01-M
#### Kenneth Kostolecki, Appellant-Respondent, v Buffalo Courier Express Co., Inc., Respondent-Appellant.

Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action for libel arising out of defendant newspaper’s publication of an altered wire service story deliberately misidentifying plaintiff, a former employee of defendant, as a suspected burglar, the court erred in granting defendant summary judgment dismissing plaintiff’s claim for punitive damages. In order to prevail on its motion, defendant was required to establish by proof in admissible form that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law *(see, Zuckerman v City of New York,*49 NY2d 557, 562). Defendant failed to meet that burden. Indeed, as found by the court based on the affidavits submitted by both parties, there is a basic question of fact concerning who was responsible for *857altering the AP story to insert plaintiffs name. If, as alleged by plaintiff, the acting national editor of the paper deliberately altered the news article, such conduct certainly would constitute actual malice justifying imposition of punitive damages. Whether such conduct could be imputed to defendant corporation depends on whether the culpable employee was vested with such "a high level of general managerial authority in relation to the nature and operation of the employer’s business * * * that his participation in the wrongdoing renders the employer blameworthy” *(Loughry v Lincoln First Bank,*67 NY2d 369, 380-381). The wrongdoer’s rank in the corporation, and hence the defendant’s liability for punitive damages, are questions of fact that preclude summary judgment for defendant.

We have considered the contentions raised on defendant’s cross appeal and conclude that they are without merit.

All concur, except Callahan, J. P., and Balio, J., who dissent in part and vote to affirm for reasons stated in decision at Supreme Court, Rossetti, J. (Appeals from order of Supreme Court, Erie County, Rossetti, J.—summary judgment.) Present —Callahan, J. P., Denman, Green, Balio and Lowery, JJ.
[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Page 52885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21132]


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DEPARTMENT OF THE INTERIOR

National Park Service


Chesapeake and Ohio Canal National Historical Park Advisory 
Commission; Notice of Public Meeting

AGENCY: Department of the Interior, National Park Service, Chesapeake 
and Ohio Canal National Historical Park.

ACTION: Notice of meeting.

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

SUMMARY: Notice is hereby given that a meeting of the Chesapeake and 
Ohio Canal National Historical Park Advisory Commission will be held at 
9:30 a.m., on Friday, October 17, 2008, at the Chesapeake and Ohio 
Canal National Historical Park Headquarters, 1850 Dual Highway, 
Hagerstown, Maryland 21740.

DATES: Friday, October 17, 2008.

ADDRESSES: Chesapeake and Ohio Canal National Historical Park 
Headquarters, 1850 Dual Highway, Hagerstown, Maryland 21740.

FOR FURTHER INFORMATION CONTACT: Kevin Brandt, Superintendent, 
Chesapeake and Ohio Canal National Historical Park, 1850 Dual Highway, 
Suite 100, Hagerstown, Maryland 21740, telephone: (301) 714-2201.

SUPPLEMENTARY INFORMATION: The Commission was established by Public Law 
91-664 to meet and consult with the Secretary of the Interior on 
general policies and specific matters related to the administration and 
development of the Chesapeake and Ohio Canal National Historical Park.
    The members of the Commission are as follows:

Mrs. Sheila Rabb Weidenfeld, Chairperson;
Mr. Charles J. Weir;
Mr. Barry A. Passett;
Mr. James G. McCleaf II;
Mr. John A. Ziegler;
Mrs. Mary E. Woodward;
Mrs. Donna Printz;
Mrs. Ferial S. Bishop;
Ms. Nancy C. Long;
Mrs. Jo Reynolds;
Dr. James H. Gilford;
Brother James Kirkpatrick;
Dr. George E. Lewis, Jr.;
Mr. Charles D. McElrath;
Ms. Patricia Schooley;
Mr. Jack Reeder;
Ms. Merrily Pierce.
    Topics that will be presented during the meeting include:
    1. Update on park operations.
    2. Update on major construction/development projects.
    3. Update on partnership projects.
    The meeting will be open to the public. Any member of the public 
may file with the Commission a written statement concerning the matters 
to be discussed. Persons wishing further information concerning this 
meeting, or who wish to submit written statements, may contact Kevin 
Brandt, Superintendent, Chesapeake and Ohio Canal National Historical 
Park. Minutes of the meeting will be available for public inspection 
six weeks after the meeting at Chesapeake and Ohio Canal National 
Historical Park Headquarters, 1850 Dual Highway, Suite 100, Hagerstown, 
Maryland 21740.

    Dated: July 28, 2008.
Kevin D. Brandt,
Superintendent, Chesapeake and Ohio Canal National Historical Park.
[FR Doc. E8-21132 Filed 9-10-08; 8:45 am]
BILLING CODE 4310-6U-P
I 

117TH CONGRESS 

2D SESSION H. R. 6979 

To support a review of surcharge policy at the International Monetary Fund. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2022 

Mr. GARCI ́A of Illinois (for himself and Ms. JAYAPAL) introduced the following 

bill; which was referred to the Committee on Financial Services 

A BILL 

To support a review of surcharge policy at the International 

Monetary Fund. 

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 ‘‘Stop Onerous Sur5 charges Act’’. 

6 SEC. 2. UNITED STATES SUPPORT FOR A REVIEW OF SUR7 CHARGE POLICY AT THE INTERNATIONAL 

8 MONETARY FUND. 

9 The Secretary of the Treasury shall instruct the 

10 United States Executive Director at the International 

11 Monetary Fund (in this section referred to as the ‘‘IMF’’) 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6979 IH

1 to use the vote and the voice of the United States at the 

2 IMF to support— 

3 (1) an immediate review by the IMF of the sur4 charge policies of the IMF; and 

5 (2) a suspension of the imposition or collection 

6 of surcharge payments while the review is underway. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-3148

CONNIE T. KELLER,

Plaintiff - Appellant,

versus

DEPARTMENT OF THE ARMY; TOGO D. WEST, Secretary of the Army; ANDREW PERKINS, Commander;

J. M. CASKY, Chief F&A; S. SHEFFLER, Chief

Military Acct.; DIANE ROUSE, Chief HRO,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.

(CA-94-951-2)

Submitted: July 23, 1996 Decided: July 30, 1996

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Connie T. Keller, Appellant Pro Se. Michael Anson Rhine, OFFICE OF

THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying relief on her claim under the Rehabilitation Act of 1973, as amended,

29 U.S.C.A. §§ 791-794 (West 1985 & Supp. 1995). We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Keller v. Department of the Army, No. CA-94-951-2 (E.D. Va.

Nov. 6, 1995). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED
<TABLE>
<CAPTION>

NATIONAL PRESTO INDUSTRIES, INC. AND SUBSIDIARIES
STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
Three Months and Nine Months Ended September 29, 1996 and October 1, 1995
              (Unaudited)
(In thousands except per share data)
                                                          THREE MONTHS ENDED       NINE MONTHS ENDED
                                                         -------------------      ------------------
                                                            1996       1995         1996       1995
                                                            ----       ----         ----       ----

<S>                                                     <C>         <C>          <C>       <C>       
Net Earnings                                             $   2,821   $ 4,797      $ 6,987   $  9,841

Add interest expense related to convertible
   debenture, net of income taxes                             --        --           --          160

                                                         ---------   -------       ------   ---------
Adjusted net earnings (1)                                $   2,821   $ 4,797      $ 6,987   $ 10,001
                                                         =========   =======       ======   =========

Weighted average common shares outstanding (2)               7,352     7,346        7,352      7,346
                                                         =========   =======       ======   =========

Net earnings per common share
                                                         ---------   -------       ------   ---------
   outstanding (1/2)                                     $    0.38   $  0.65      $  0.95   $   1.35
                                                         =========   =======       ======   =========
</TABLE>
**Exhibit 35.2**

 

**Servicer Compliance Statement of Deere Credit Services, Inc.**

 

I, Steven N. Owenson, Senior Vice President and Controller of Deere Credit Services, Inc., state:

 

A review of Deere Credit Services, Inc.’s activities for the period from October 29, 2018 through November 3, 2019 (the “Reporting Period”) and of Deere Credit Services, Inc.’s performance under the Sale and Servicing Agreement dated as of July 25, 2018 among John Deere Capital Corporation, John Deere Receivables, Inc. and John Deere Owner Trust 2018-B has been made under my supervision, and to the best of my knowledge based on such review, Deere Credit Services, Inc. has fulfilled all its obligations under all relevant agreements in all material respects throughout the Reporting Period.

 

 

 

 
| Date: January 10,   2020 | * * | Deere Credit   Services, Inc.     |
|-------------------------------|----------|----------------------------------------|
|                          |     |                                   |
| * *                      | * * | * *                               |
|                          | By:      | */s/   Steven N. Owenson*              |
|                          |     | Steven N. Owenson                      |
|                          |     | Senior Vice President   and Controller |

 

----