alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ALBERT REDNER, PETITIONER-DEFENDANT, v. PAINT ENGINEERS, INC., RESPONDENT-PROSECUTOR.

Submitted October 2, 1945

Decided November 15, 1945.

Before Justices Case, Botone and Pkrskie.

Eor the prosecutor, *J dim*IT. *Taylor.*

Eor the defendant, *Isadore Rabinowitz*and *Nathan Rabinowitz.*

The opinion of the court was delivered by

Botone, J.

This is a compensation case. The Bureau dismissed the petition on the ground that the proofs failed to establish that the accident in which petitioner was injured arose out of and in the course of his employment. The Court of Common Pleas reversed and directed the Bureau to award compensation. The writ of *certiorari*brings before us the action of the Court of Common Pleas, as well as the action of the Bureau pursuant to the remand from that court.

The first question presented is whether the proofs show that the accident arose out of and in the course of the employment.

*414The petitioner, Redner, was employed as a paint mixer. On October 28th, 1942, at about 12:00 o’clock noon, he was injured at the plant of Harry and Phil’s Auto Wrecking Company at the corner of River and Bridge Streets, Paterson. He testified that on the day before he was directed to deliver paint in Long Island City. He had used his truck for such purpose on many occasions, being paid on a mileage basis. The truck required a new fuel pump. The superintendent told him to get it fixed. Going to Harry and Phil’s place about 9:30, he found that Harry was out so he went home returning about noon. He put the new part in and while talking to Harry about the money he owed the explosion occurred and petitioner was burned. The use of the truck for the trip to Long Island, he testified, had been arranged by Mr. Greene, vice-president in charge of production of the defendant company.

Mr. Bayles, plant superintendent, denied any conversation about the delivery of paint on Long Island or repairs to the truck. Mr. Greene denied that any shipment was to be made on October 28th in the petitioner’s truck. The petitioner was not corroborated in any respect. If the repairs to his truck were to be made for his employer’s benefit and in the interest of his business, there should be some corroboration.

The Bureau, in the first instance, heard the testimony and was better able to determine the credit to be given to the witnesses. We find that the petitioner did not sustain the burden of proof.

The judgment of the Court of Common Pleas is reversed.
Exhibit 7.1  NOVA Chemicals Corporation Computation of Ratio of Earnings to Fixed Charges (U. S. GAAP)  Year ended

July 6 -

Jan. 1 -Dec. 31,

Dec. 31,

July 5,

Year ended Dec. 31,2010

2009(1)

2009(1)

2008(1)

2007(1)

2006(1)(U.S. dollars in millions)

Successor

PredecessorEarnings:Net income from continuing operations

$
233

$
9

$
(236
)
$
121

$
450

$
217Adjustments for minority interest in losses of   less than 100% owned affiliates and our equity in undistributed income   (losses) of less than 50% owned equity investees











Income tax provision expense (recovery)

120

7

(62
)
(63
)
46

3Fixed charges

202

93

102

175

197

194Capitalized interest, net of amortization of   capitalized interest



(1
)




(1
)
(3
)Total Earnings

$
555

$
108

$
(196
)
$
233

$
692

$
411Fixed Charges:Interest expense

202

93

102

175

197

194Pre-tax earnings required to cover preferred stock   dividends











Total Fixed Charges

$
202

$
93

$
102

$
175

$
197

$
194Earnings to Fixed Charges Excess   (Deficiency)

$
353

$
15

$
(298
)
$
58

$
495

$
217Ratio of Earnings to Fixed   Charges(2) (3)

2.8

1.2

N/A

1.3

3.5

2.1  
 (1)Restated to reflect only continuing operations  (2)For the purposes of calculating the ratio of earnings to fixed charges, earnings represent net income from continuing operations adjusted for the minority interest in losses of less than 100% owned affiliates, equity in undistributed income or losses of less than 50% owned affiliates, income taxes and fixed charges, less capitalized interest, net of amortization of capitalized interest.  Fixed charges include interest expense (including amortization of bond discounts and debt issue costs, capitalized interest and a representative portion of rental expense) and pre-tax earnings required to cover preferred stock dividends.  (3)For the period January 1, 2009 to July 5, 2009, earnings were insufficient to cover fixed charges by approximately $298 million, and this ratio is not meaningful.
<PAGE>
                                                                    Exhibit 99.3

                        OFFICER'S COMPLIANCE CERTIFICATE



I, Andrew J. Cederoth, a duly authorized representative of Navistar Financial
Corporation, the Servicer, certify that:

1.       I have reviewed the annual report and other reports containing
         distribution information for the period covered by the annual report;

2.       The absence in these reports, to the best of my knowledge, of any
         untrue statement of material fact or omission of a material fact
         necessary to make the statements made, in light of the circumstances
         under which such statements were made, not misleading;

3.       The inclusion in these reports, to the best of my knowledge, of the
         financial information required to be provided to the trustee under the
         governing documents of the issuer; and

4.       Compliance by the Servicer with its servicing obligations and minimum
         servicing standards, except as noted below:

         The Company was noncompliant with the requirement that custodial bank
         accounts and related bank clearing accounts are reconciled within 45
         days after the cutoff date as specified in item I.1.b in the minimum
         servicing standards.

5.       That no default in performance of any obligations has occurred.



                                    By: /s/ ANDREW J. CEDEROTH
                                            Andrew J. Cederoth
                                            Vice President and Treasurer


                                            January 31, 2005
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002



This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and accompanies the quarterly report on Form 10-Q (the Form 10-Q) for the period ended March 31, 2005 of MPW Industrial Services Group, Inc. (the Issuer) as filed with the Securities and Exchange
Commission on this date hereof. I, Monte R. Black, Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (i) | the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | -------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: May 16, 2005



/s/ Monte R. BlackMonte R. BlackChairman of the Board of Directors, Chief Executive Officer and President
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* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-60192 Conference Calendar

__________________ JAMES BERNARD LAWSON, Plaintiff-Appellant,

versus DENNIS MOLDER and JAMES DAVIS, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 3:94-cv-366BN

- - - - - - - - - - June 30, 1995 Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM: * James Lawson appeals the dismissal of his action pursuant to 42 U.S.C. § 1983 as frivolous. This court addressed Lawson's illegal-arrest contention in an earlier case. We determined that Lawson's illegal-arrest claim called into question the validity of his conviction and was barred by Heck v. Humphrey, 114 S. Ct. 2364 (1994). If a claim falls under Heck , a would-be § 1983 plaintiff has no cause of action until he can show that his conviction has been invalidated. Id . at 2373. The use at trial of unreliable identification evidenceNo. 95-60192 -2-
obtained by police through unnecessarily suggestive procedures violates a defendant's right to due process. Neil v. Biggers , 409 U.S. 188, 199 (1972); Passman v. Blackburn , 652 F.2d 559, 569 (5th Cir. 1981), cert. denied , 455 U.S. 1022 (1982). Because judgment in favor of Lawson on either his illegal-arrest claim or his tainted-lineup claim would imply the invalidity of his conviction, the district court properly dismissed those claims pursuant to Heck
. Pursuant to Heck , district courts should not dismiss § 1983 actions for failure to pursue habeas corpus remedies or stay § 1983 actions for exhaustion of habeas remedies. See Heck, 114 S. Ct. at 2373. Lawson's contention that the district court should have stayed his lawsuit therefore is without merit. Lawson seeks release from prison. By his own admission, Lawson's state post-conviction application for relief was pending when he filed his complaint. To the extent that Lawson seeks habeas corpus relief, the district court should have dismissed his claims without prejudice so that he could exhaust state-law remedies. McGrew v. Texas Bd. of Pardons & Paroles , 47 F.3d 158, 161 (5th Cir. 1995). We modify the district court's judgment tooperate without prejudice to Lawson's ability to exhaust statelaw remedies and pursue federal habeas corpus remedies. See id
. We affirm the district court's judgment in all other respects. Lawson is warned that he will be sanctioned if he files frivolous appeals in the future. See Smith v. McCleod , 946 F.2dNo. 95-60192 -3-
417, 418 (5th Cir. 1991); Jackson v. Carpenter, 921 F.2d 68, 69 (5th Cir. 1991). AFFIRMED AS MODIFIED.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00361-CV

IN RE BRANDON COLEMAN RELATOR

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

ORIGINAL PROCEEDING

TRIAL COURT NO. CR12297

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

MEMORANDUM OPINION1

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

The court has considered relator’s petition for writ of mandamus and is of 

the opinion that relief should be denied. Accordingly, relator’s petition for writ of 

mandamus is denied.

PER CURIAM

PANEL: BILL MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: December 3, 2015

 

1See Tex. R. App. P. 47.4, 52.8(d).
#### Mary F. Cord, &c. *v.*M. E. Reeves & Co.

Judgment — Action to Set Aside — Want of Process.

Where there is no process served on the wife, the husband has no power to consent to a judgment against her, to subject her property to sale.

APPEAL PROM PLEMING CIRCUIT COURT.

January 31, 1872.

Opinion op the Court by

Judge Pryor :

In this case there was no service of process on either of the defendants. The husband had no power to consent to a judgment in personam against the wife • and to subject her property to sale under an execution upon such a judgment. Nor has he the power to say that the judgment shall be rendered against the *695firm as such. There is nothing in the record giving him this authority from Miss Dupuy, who is a co-défendant with his wife. The whole proceeding is erroneous.' If the confidence of counsel for the appellees has been misplaced or betrayed, it is his own misfortune, and he is without remedy in this court upon the facts presented in the record. The judgment is reversed and cause remanded with directions to the court below to set aside the judgment and award to appellants a new trial and for further proceedings consistent with this opinion.

*Cord, Huston, Johnson, for appellants.*

*Throop, for appellees.*
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-50381 Summary Calendar

__________________ INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES UNION & INDUSTRY PENSION FUND, Plaintiff-Appellee,
versus AMERICAN DECORATING COMPANY; DAN LORD, Defendants-Appellants.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-94-CA-067

- - - - - - - - - - March 21, 1996 Before GARWOOD, JONES and DeMOSS, Circuit Judges. PER CURIAM: * Appellants appeal from the district court's order finding them in contempt of the consent judgment. Appellants argue that a "Notice of Satisfaction of Judgment" filed by the parties bars subsequent actions based on alleged deficient pension contributions. We have reviewed theNo. 95-50381 -2- record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. International Brotherhood of Painters and Allied Trades Union & Industry Pension Fund v. American Decorating Co. , No. SA-94-CA-067 (W.D. Tex. Apr. 25, 1995). AFFIRMED.
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.                  

###### Inter-American Foundation

# TIME AND DATE:

November 10, 2014, 9:00 a.m.-1:00 p.m.

# PLACE:

Offices of Baker & McKenzie LLP, 815 Connecticut Avenue NW., White House Conference Room, Washington, DC 20006.

# STATUS:

Meeting of the Board of Directors, Open to the Public.

# MATTERS TO BE CONSIDERED:

 Approval of the Minutes of the August 11, 2014, Meeting of the Board of Directors

 Management Report

 Reflections on August brainstorming session

 Focus on Central America and Mexico

 RedEAmerica

 Role and engagement of advisory council

 Adjournment

 Next Meetings

      ( print page 64613)    

# CONTACT PERSON FOR MORE INFORMATION:

Paul Zimmerman, General Counsel, (202) 683-7118.

Paul Zimmerman,

General Counsel.

[FR Doc. 2014-25919 Filed 10-28-14; 11:15 am]

BILLING CODE 7025-01-P
1 

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WO 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Rikki Alison Drennan, 

Defendant.

No. CR-16-00114-002-PHX-SPL

ORDER 

 On March 11, 2016, Defendant appeared before the Court on a Petition for Action 

on Conditions of Pretrial Release and submitted the issue to the Court. The Court has 

considered the information provided to the Court in determining whether Defendant 

should be released on conditions set by the Court. 

 The Court finds probable cause to believe that the Defendant has violated her 

conditions of release by committing the new offenses of carrying a concealed weapon 

and possession of dangerous drugs to which Defendant entered a plea of no contest. 

 The Court further finds that the Defendant has failed to rebut the presumption that 

no condition or combination of conditions will assure that the Defendant will not pose a 

danger to the safety of any other person or the community. 

 IT IS THEREFORE ORDERED that the Defendant be detained pending further 

proceedings. 

 Dated this 11th day of March, 2016. 

Honorable Eileen S. Willett

United States Magistrate Judge

Case 2:16-cr-00114-SPL Document 40 Filed 03/14/16 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF TOM'S FOODS INCORPORATED FOR THE THREE MONTHS ENDED
MARCH 27, 1999 AND FOR THE THREE MONTHS ENDED MARCH 28, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-START>                             JAN-04-1998
<PERIOD-END>                               MAR-28-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                         45,656
<TOTAL-REVENUES>                                45,656
<CGS>                                           28,065
<TOTAL-COSTS>                                   17,352
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,814
<INCOME-PRETAX>                                 (1,575)
<INCOME-TAX>                                       115
<INCOME-CONTINUING>                             (1,690)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,690)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
IIA

105TH CONGRESS

1ST SESSION H. R. 700

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 9, 1997

Received; read twice and referred to the Committee on Indian Affairs

AN ACT

To remove the restriction on the distribution of certain revenues from the Mineral Springs parcel to certain members

of the Agua Caliente Band of Cahuilla Indians.

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

HR 700 RFS

1 SECTION 1. REMOVAL OF RESTRICTION ON DISTRIBUTION

2 OF CERTAIN REVENUES.

3 (a) IN GENERAL.—The fourth undesignated para4 graph in section 3(b) of the Act entitled ‘‘An Act to pro5 vide for the equalization of allotments on the Agua

6 Caliente (Palm Springs) Reservation in California, and for

7 other purposes’’ approved September 21, 1959 (25 U.S.C.

8 951 et seq.), is amended by striking ‘‘east: Provided,’’ and

9 all that follows through ‘‘deceased member.’’ and inserting

10 ‘‘east.’’.

11 (b) EFFECTIVE DATE AND AGREEMENT TO MAKE

12 PAYMENT.—The amendment made by subsection (a) shall

13 apply with respect to net rents, profits, and other revenues

14 that accrue on or after the date of distribution of the pay15 ment, as provided in Tribal Ordinance 22 dated August

16 6, 1996, to those persons referenced in Exhibit B of Tribal

17 Ordinance 22.

Passed the House of Representatives September 8,

1997.

Attest: ROBIN H. CARLE,

Clerk.