alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### GOLDSMITH v. PARSONS.*

No. 14674.

Court of Appeal of Louisiana. Orleans.

Oct. 15, 1934.

Eor former opinion, see 154 So. 68.

J. L. Warren Woodville, of New- Orleans, for appellant.

Rosen, Kammer, Wolff & Farrar, of New Orleans, for appellee.

*

Writ ol certiorari granted Nov. 26, 1834.

WESTERFIELD, Judge.

We granted a rehearing in this ease because in the application for rehearing our attention was called to the ease of Commercial Bank of Lafayette & Trust Co. v. Barry, 179 La. 684, 154 So. 736, decided April 23,1934. The holding in that case, it was claimed, and our first impression was with some plausibility, that it was contrary to our views as expressed in our original opinion.

During the argument on rehearing we were also referred to Belknap Hardware & Mfg. Co. v. Hearn et al., 179 La. 909, 155 So. 396, decided May 21, 1934. After considering both of these cases very carefully, our understanding of them is to the effect that: “The want, failure, or illegality of consideration may be established by parol testimony between the parties to a note. Grieve’s Syndics v. Sagory, 3 Mart. (O. S.) 599; Griffin v. Cowan, 15 La. Ann. 487; Reeve v. Doughty, 19 La. Ann. 164. See, also, section 28 of Act No. 64 of 1904 (The Negotiable Instruments Law).” Belknap, etc., Co. v. Hearn, supra. In holding as we did in our original opinion that the maker of a note could not show by parol testimony a contemporaneous agreement which differed materially from that expressed in the note, we do not believe we were stating any view which is at variance with the cited cases. Defendant’s purpose in offering the testimony, which we have held to be inadmissible, was, as stated by his counsel, to show that there was a contemporaneous collateral agreement whereby “the defendant would make a trial of his financial ability to continue to carry beyond the first year a policy of life insurance amounting to $50,000. To make that experiment it was agreed that such a policy would be delivered and that, instead of paying the first year’s premium, he would give a note payable in nine months for the full amount of the premium. It was further agreed that if the experiment failed and defendant found that he could not continue such a policy he would not be entirely relieved of all obligation to pay, but that he would pay *823such sum as the plaintiff’s husband might be called upon to disburse to the insurance company.”

We do not see how it can be said that the effect of this evidence would be to establish a want or failure of consideration for the note, which was given for §1,757.75, the first premium on an insurance policy of §50,000. The consideration for which the note was given, it seems to us, was the protection of the policy for the year that it was in force. The suggestion that the maker of the note might pay a lesser sum does not affect the consideration of the note, but clearly involves another and a different agreement, or a modification of the written contract as expressed in the note.

For the reasons assigned, our original decree is reinstated and made the final judgment of this court.

Original decree reinstated.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 850 Reported in House (RH)]

                                                 House Calendar No. 165
110th CONGRESS
  1st Session
H. RES. 850

                          [Report No. 110-476]

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2007

  Ms. Slaughter, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION

 
   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

    Resolved, That the requirement of clause 6(a) of rule XIII for a 
two-thirds vote to consider a report from the Committee on Rules on the 
same day it is presented to the House is waived with respect to any 
resolution reported on the legislative day of December 11, 2007, 
providing for consideration of the Senate amendment to the bill (H.R. 
2764) making appropriations for the Department of State, foreign 
operations, and related programs for the fiscal year ending September 
30, 2008, and for other purposes.
    Sec. 2.  The chairman of the Committee on Appropriations may insert 
in the Congressional Record at any time during the remainder of the 
first session of the 110th Congress such material as he may deem 
explanatory of appropriations measures for the fiscal year 2008.
    Sec. 3.  House Resolution 839 is laid upon the table.
                                                 House Calendar No. 165

110th CONGRESS

  1st Session

                              H. RES. 850

                          [Report No. 110-476]

_______________________________________________________________________

                               RESOLUTION

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                            December 6, 2007

        Referred to the House Calendar and ordered to be printed
```
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<FISCAL-YEAR-END>                              JUN-30-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                         50,955
<SECURITIES>                                   0
<RECEIVABLES>                                  205,050
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               256,005
<PP&E>                                         85,448
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 341,452
<CURRENT-LIABILITIES>                          426,208
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       3,378,223
<OTHER-SE>                                     (3,462,979)
<TOTAL-LIABILITY-AND-EQUITY>                   341,452
<SALES>                                        54,112
<TOTAL-REVENUES>                               54,112
<CGS>                                          5,330
<TOTAL-COSTS>                                  5,330
<OTHER-EXPENSES>                               25,037
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (23,745)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (23,745)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (23,745)
<EPS-BASIC>                                    (0.01)
<EPS-DILUTED>                                  (0.01)




</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02251-CMA-MJW

SHAWN D. ALLEN,

Plaintiff(s),

v.

JUDITH DAWSON,

MATT,

K. WISCHMEIER,

THE COMMUNITY CORRECTIONS BOARD, and

MARY QUINTANA, Cast Manager CTCF,

Defendant(s).

MINUTE ORDER 

Entered by Magistrate Judge Michael J. Watanabe

It is hereby ORDERED that the Plaintiff’s Motion to Provide Correct Address for

Service Upon the Community Corrections Board (Docket No. 33) is granted, and by

separate order the court will direct service by the U.S. Marshal on defendant

Community Corrections Board at the address provided by the plaintiff.

Date: December 19, 2011

Case 1:11-cv-02251-CMA-MJW Document 42 Filed 12/19/11 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02257-MSK-MJW

JAMES F. BLUM,

Plaintiff(s),

v.

TOM CLEMENTS, in his official capacity as Executve Director of Colorado Department

of Corrections;

TRAVIS TRANI, individually and in his official capacity as Warden of Colorado

Department of Corrections;

ANTHONY A. DeCESARO, grievance officer, Colorado Department of Corrections,

individually and in his official capacity;

LEE ROMANSKI, a member of the sex offender treatment team at Arrowhead

Correctional Facility, individually and in her official capacity;

DANIEL CLAUS, individually and in his official capacity;

S. MICHAEL DUNLAP, individually and in his official capacity;

BURL McCULLAR, individually and in his official capacity;

MARGARET HEIL, individually and in her official capacity;

DAVID TESSIER, individually and in his official capacity;

J.D. SCOLLARD, individually and in his official capacity;

CHRISTINE TYLER, individually and in her official capacity;

DANA KRAKOW, individually and in her official capacity;

BONNIE CANTU, individually and in her official capacity;

CHRISTINA MARQUEZ, individually and in her official capacity;

JENNIFER MARTINEZ, individually and in her official capacity;

LEONARD WOODSON, individually and in his official capacity; and

BRIAN KOCH, individually and in his official capacity,

Defendant(s).

MINUTE ORDER 

Entered by Magistrate Judge Michael J. Watanabe

Rule 15(a) of the Federal Rules of Civil Procedure provides that “[t]he court

should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). 

“Refusing leave to amend is generally only justified upon a showing of undue delay,

undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure

deficiencies by amendments previously allowed, or futility of amendment.” Frank v.

U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993) (citations omitted).

Case 1:11-cv-02257-MJW Document 45 Filed 11/29/11 USDC Colorado Page 1 of 2
It is hereby ORDERED that Plaintiff’s Motion for Permission to File Second

Amended Complaint (docket no. 39) is GRANTED for the reasons stated in the subject

motion and in the interest of justice as outlined in Fed. R. Civ. P. 15(a)(2). The Second

Amended Complaint (docket no. 39-1) is accepted for filing as of the date of this minute

order. As to any argument by Defendants concerning futility, Judge Ebel has previously

addressed that issue in the case of General Steel Domestic Sales, LLC v. Steel Wise,

LLC, 2008 WL 2520423 (D. Colo. 2008). In the General Steel case, Judge Ebel stated,

in pertinent part: “... Defendants’ futility argument seems to place the cart before the

horse. Rather than force a Rule 12(b)(6) motion into a Rule 15(a) opposition brief, the

defendants may be better served by waiting to assert Rule 12 motions until the

operative complaint is in place.” 

 

Date: November 29, 2011

Case 1:11-cv-02257-MJW Document 45 Filed 11/29/11 USDC Colorado Page 2 of 2
EXHIBIT 31.2


I, Armand Correia, certify that:

1. I have reviewed this annual report on Form 10-K of The Dress Barn, Inc.;

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

4. The registrant's other certifying officer(s) 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 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
         most recent 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(s) 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:

         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: October 22, 2003


/S/ ARMAND CORREIA
Armand Correia
Senior Vice President and Chief Financial Officer
29

B.9. Number of Agricultural Bank Failures

Year Q1 Q2 Q3 Q4 Total

1987...... 22 19 12 16 69

1988...... 11 6 12 7 36

1989...... 5 7 5 5 22

1990...... 3 5 6 3 17

1991...... 2 2 3 1 8

1992...... 1 1 1 4 7

1993...... 1 2 2 0 5

1994...... 0 0 0 0 0

1995...... 0 0 0 0 0

1996...... 0 2 0 0 2

1997...... 0 0 0 1 1

1998...... 0 0 1 0 1

1999...... 0 1 0 0 1

2000...... 0 0 0 0 0

2001...... 0 0 0 0 0

2002...... 1 0 0 1 2

2003...... 0 1 0 0 1

2004...... 0 1 0 0 1

2005...... 0 0 0 0 0

2006...... 0 0 0 0 0

2007...... 0 0 0 0 0

2008...... 1 0 n.a. n.a. n.a.

 Note. Data exclude banks assisted to prevent failure. Industrial banks and

mutual savings banks also are excluded. Agricultural banks are defined in

the introduction to section B.

 n.a. Not available.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2168 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 2168

   To suspend temporarily the duty on bitolylene diisocyanate (TODI).

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2001

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

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on bitolylene diisocyanate (TODI).

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

SECTION 1. BITOLYLENE DIISOCYANATE (TODI).

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.29.48       Bitolylene           Free       No change        No change        On or before 12/
                          diisocyanate                                                      31/2005           ''
                          (TODI) (CAS No. 91-                                                                  .
                          97-4) (provided
                          for in subheading
                          2929.10.20).......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
B.3. Net Charge-offs of Non-real-estate Farm Loans Held by Insured Commercial Banks
_______________________________________________________________________________________________________________
                                                                                                               
                                  Estimated volume                  Share of total non-real-estate farm loans
                               (millions of dollars)                                (percent)
                      ________________________________________     ____________________________________________

Year                  Total     Q1       Q2       Q3       Q4      Total      Q1        Q2        Q3       Q4
_______________________________________________________________________________________________________________
                                                                                                               
1998......    |          87       4       15       24       45      .198      .008      .036     .051      .095
1999......    |         126      18       37       35       36      .280      .040      .086     .078      .080
2000......    |         108      11       17       34       45      .259      .027      .041     .075      .098
2001......    |         308      67       53      140       48      .656      .142      .118     .294      .101
2002......    |         221      40       50       58       73      .471      .085      .114     .124      .157
2003......    |         175      34       35       48       58      .382      .074      .080     .108      .128
2004......    |         129      28       17       46       38      .284      .062      .039     .099      .081
2005......    |          59       8       16       12       24      .124      .017      .035     .026      .048
2006......    |          73       9        7       23       34      .146      .018      .015     .045      .064
2007......    |          90       8       13       23       47      .170      .014      .025     .042      .085
2008......    |         150      12       20       42       75      .269      .022      .037     .074      .129
2009......    |        n.a.      65     n.a.     n.a.     n.a.      n.a.      .111      n.a.     n.a.      n.a.
_______________________________________________________________________________________________________________
   Note. Components might not sum to totals because of rounding. Reported amounts are adjusted to exclude
foreign results for large banks that report farm net charge-offs on a consolidated basis and for small banks
that are allowed to report net charge-offs according to their internal definition of agricultural loans.
Quarterly data are as of end of quarter.
   n.a. Not available.

23
Exhibit 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the  incorporation  by reference in this Annual Report (Form 10-K)
of Keystone  Financial,  Inc. of our report dated January 29, 1999,  included in
the 1998 Annual Report to Shareholders of Keystone Financial, Inc.

Regarding:

      1)    Registration Statement on Form S-8 relating to the 1988 Stock
            Incentive Plan (File #33-38427).

      2)    Registration Statement on Form S-3 relating to the Dividend
            Reinvestment Plan (File #333-02063).

      3)    Registration Statement on Form S-8 relating to the 1992 Director
            Fee Plan (File #33-48031).

      4)    Registration Statement on Form S-3 relating to the Main Line
            Bancshares, Inc. Stock Option Agreements (File #33-50526).

      5)    Registration Statement on Form S-8 relating to the 1990
            Non-Employee Directors' Stock Option Plan (File #33-59372).

      6)    Registration Statement on Form S-8 relating to the 1992 Stock
            Incentive Plan (File #33-68800).

      7)    Registration Statement on Form S-8 relating to the Elmwood
            Bancorp, Inc. Key Employee Stock Compensation Program (File
            #33-77358)

      8)    Registration Statement on Form S-8 relating to the Amended and
            Restated Nonqualified Stock Option Agreement with Donald E. Stone
            (File #33-77354).

      9)    Registration Statement on Form S-8 relating to The Frankford
            Corporation 1983 Incentive Stock Option Plan (File #33-82088).

      10)   Registration  Statement  on Form S-8  relating to the 1995  Employee
            Stock Purchase Plan (File #33-91572).

      11)   Registration  Statement on Form S-8 relating to the 1995  Management
            Stock Purchase Plan (File #33-91574).

      12)   Registration Statement on Form S-8 relating to the 1995 Non-Employee
            Director's Stock Option Plan (File # 333-04281).

      13)   Registration Statement on Form S-3 relating to the Senior/
            Subordinated Medium-Term Notes (File #333-25393).

      14)   Registration Statement on Form S-8 relating to the Financial Trust
            Corp Stock Option Plan of 1992 (File #333-49325).

      15)   Registration Statement on Form S-8 relating to the Financial Trust
            Corp Non-Employee Director Stock Option Plan of 1994
            (File #333-49323).

We also consent to the  incorporation by reference in the above listed Registra-
tion Statements of our  report dated January  29,  1999,  with  respect  to  the
consolidated  financial statements of Keystone Financial,  Inc. and subsidiaries
incorporated by  reference in this Annual  Report (Form 10-K) for the year ended
December 31, 1998.

                                                  /s/  ERNST & YOUNG LLP
                                                  -------------------------

      Pittsburgh, Pennsylvania
      March 29 , 1999

                                      
<PAGE>