alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Richard Shaler *v.*Newport Fuel Co.

Evidence — Book Account — Entries.

The account books of a company are not competent evidence against a party who was neither a stockholder nor officer in the company at the time the entries were made.

*284APPEAL, FROM CAMPBELL CIRCUIT COURT.

December 6, 1870.

Opinion by

Judge Lindsay;

The correctness of the judgment appealed from depends upon whether or not the circuit court erred in overruling Shaler’s exceptions to the Master’s report upon which said judgment is predicated. Exception No. 1 tacitly concedes that the claims due the Fuel Company to the amount of $1,332.25 were turned over to appellant by his predecessor in office. He failed to turn any part of them over to his successor when he ceased to act as secretary.

There is no proof that all or any part of them were upon insolvent parties, nor that any part of them remained uncollected. Under the circumstances the legal presumption is that they were all collected by him. We think said exception, as well as exceptions No. 3 and 4 were properly overruled.

But we are not satisfied that the charge against appellant for the market value of the 26,108 bushels of coal, which seems to have been unaccounted for by either of the Shalers, is proper.

Said charge cannot be sustained by anything in the record, unless it be admitted that N. S. Shaler turned over to the appel'lant, when he went into office the quantity of coal assumed by the witness Baughan, viz: 44,660 bushels. There is no evidence to warrant this assumption, except the books kept by said N. S. Shaler while he acted as secretary of the Fuel Company.

These books are not evidence against the appellant, who was neither a stockholder nor officer in said company at the time the entries in said books were made.

It therefore follows that said charge is not proven by competent testimony “and such being the case exception No. 2 should have been sustained.”

Judgment then should have been rendered against appellant for such balance as he was shown by the Master’s report to be in the arrears to the Fuel company after excluding said item of 26,108 bushels of coal.

*285
      *Hallam, Hawkins & Boden, Webster, for appellant.*

*O. W. Root, for appellee.*

Wherefore the judgment of the circuit court is reversed and the cause remanded with instructions to render judgment in conformity with this opinion.
**IN THE SUPREME COURT OF PENNSYLVA NIA** 

IN RE: REVISION OF EFFECTIVE DATE OF RULES 400 1
-4016 THE PENNSYLVANIA RULES OF JUDICIAL ADMINISTRATION ON COURT REPORTING AND TRANSCRIPTS **: :**  **: :**  **: :**  **: :**  **: :**  NO. 446 JUDICIAL ADMINISTRATION D OCKET

**AMENDED ORDER** 

**PER CURIA M**  **AN D**  **NOW,** this 12th day of May, 201 5 , it is **ORDERED** pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the June 1, 2015 effective date of Rules 400 1
-4016 of the Pennsylvania Rules of Judicial Administration , governing court reporting and transcripts, and the June 1, 2015 rescission date of Rules 5000.1
-5000.13 of the Pennsylvania Rules of Judicial Administration, are revised to **January 1**  **, 2017** 

. See Order No. 436 Judicial Administration Docket (December 4, 2014). This **ORDER** shall be processed in accordance with Pa.R.J.A. No. 103(b), and s hall be effective immediately

.
#### Thomas Shackleford *v.*Thomas Landrum, etc.

Set-off and Counter-claim — Striking Files — Agreement.

An order striking out all claims of set-off relied on by the parties, which purport to have been done by joint consent, will be upheld on an appeal, in the absence of a motion in the lower court to set it aside.

APPEAL PROM MeLEAN CIRCUIT COURT.

April 21, 1871.

Opinion by

Judge Hardin:

The order made on the 13th of March, 1868, striking all claims of set-off relied on by any of the parties, purports to have been entered by their joint consent, and is not shown to have been made through fraud or mistake, and was never set aside, nor did *433the appellant seek to vacate it before the final judgment was rendered.

*Owen, for appellant.*

*Tanner, for appellees.*

We must therefore regard the set-offs plead by the appellant, as voluntarily withdrawn by him; and this being so the judgment being rendered on the pleadings and evidence of title seems to be correct.

Wherefore the judgment is affirmed.
IV

105TH CONGRESS

1ST SESSION H. RES. 316

Recognizing and honoring former South Vietnamese commandos for their

heroism, sacrifice, and service during the Vietnam conflict.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 8, 1997

Ms. SANCHEZ submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

Recognizing and honoring former South Vietnamese commandos for their heroism, sacrifice, and service during the

Vietnam conflict.

Whereas South Vietnamese commandos were recruited by the

United States as part of OPLAN 34A or its predecessor

or OPLAN 35 from 1961 to 1970;

Whereas these commandos conducted covert operations in

North Vietnam during the Vietnam conflict;

Whereas many were captured and imprisoned by North Vietnamese forces, some for as long as 20 years;

Whereas these commandos served and fought proudly during

the Vietnam conflict; and
2

•HRES 316 IH

Whereas many of these commandos lost their lives serving in

operations conducted by the United States during the

Vietnam conflict: Now, therefore, be it

1 Resolved, That the House of Representatives recog2 nizes and honors these former South Vietnamese comman3 dos for their heroism, sacrifice, and service during the

4 Vietnam conflict.

Æ
**Exhibit 21.1**

# **ITEM 1.****                                                     Subsidiariesof the Company**

 
| **Entity**                                 | ** ** | **State of Incorporation** |
|--------------------------------------------|------------|----------------------------|
|                                       |       |                       |
| Acapulco Restaurants, Inc.                 |       | Delaware                   |
|                                       |       |                       |
| El Torito Restaurants, Inc.                |       | Delaware                   |
|                                       |       |                       |
| El Torito Franchising Company              |       | Delaware                   |
|                                       |       |                       |
| El Paso Cantina, Inc.                      |       | California                 |
|                                       |       |                       |
| Murray Pacific                             |       | California                 |
|                                       |       |                       |
| TARV, Inc.                                 |       | California                 |
|                                       |       |                       |
| ALA Design, Inc.                           |       | California                 |
|                                       |       |                       |
| Acapulco Restaurant of Westwood, Inc.      |       | California                 |
|                                       |       |                       |
| Acapulco Restaurant of Moreno Valley, Inc. |       | California                 |
|                                       |       |                       |
| Acapulco Restaurant of Ventura, Inc.       |       | California                 |
|                                       |       |                       |
| Acapulco Restaurant of Downey, Inc.        |       | California                 |
|                                       |       |                       |
| Acapulco Mark Corp.                        |       | Delaware                   |
|                                       |       |                       |
| Real Mex Foods, Inc.                       |       | California                 |
|                                       |       |                       |
| CKR Acquisition Corp.                      |       | Delaware                   |
|                                       |       |                       |
| Chevys Restaurants, LLC                    |       | Delaware                   |

 

 

----
Case: 1:20-cv-03561 Document #: 11 Filed: 10/06/20 Page 1 of 2 PageID #:26
Case: 1:20-cv-03561 Document #: 11 Filed: 10/06/20 Page 2 of 2 PageID #:27
Bioimaging Applications of Modern 

Nanoparticle Constructions

Joseph J Barchi, Jr., Ph.D.

Laboratory of Medicinal Chemistry

National Cancer Institute 

National Institutes of Health

10/06/2009 Slide #1

U.S. Department of Health and Human Services

National Institutes of Health 
10/06/2009 Slide #2

Beyond Standard Organic Dyes 

Accurate imaging of diseased cells (e.g., primary and metastatic 

tumors) is of primary importance in disease management. 

Carbohydrate-encapsulated quantum dots (Qdots) for use in medical 

imaging.

Organic Dyes easily photobleach; qdots are bright, persist, resist 

photobleaching 

Certain carbohydrates, especially those included on tumor glycoproteins 

are known to have affinity for certain cell types

Relevant to Medical Imaging, Detecting Relevant Carbohydrate and 

Macromolecule Interactions.

Biocompatible linker

TF-ag

Luminescenceenhancing

Entity

U.S. Department of Health and Human Services

National Institutes of Health 
Technology/Commercial Applications

Application Areas

Replacement for standard organic dyes for cellular imaging; qdots with 

proper chemistry can enter cells, dynamic imaging

Detection probe for microarrays

10/06/2009 Slide #3

U.S. Department of Health and Human Services

National Institutes of Health 

Value 

Our technology yields stable Qdots 

with a much reduced molecular weight 

compared with commercial products 

Ease of Synthesis

Size control, multiplexing (different 

colors with different chemistries, label 

separate entities)
Validation

Small set of labeling experiments

Reproducible synthesis and ease of use

Patent Application US App. #10/578,405 filed 05/05/2006

10/06/2009 Slide #4

U.S. Department of Health and Human Services

National Institutes of Health 
Collaboration Opportunities

Collaboration opportunities

• Develop synthetic methods to use less toxic materials; test 

stability in vivo; employ wide range of tumor relevant 

carbohydrates

• Additional personnel for help with biological/in vivo work 

Interested in Collaboration with Researchers (particularly 

for in vivo work)

10/06/2009 Slide #5

U.S. Department of Health and Human Services

National Institutes of Health 
Contact Information

For further information contact:

Licensing: 

Michael Shmilovich

NIH Office of Technology Transfer

(301) 435-5019

shmilovichm@od.nih.gov 

Collaboration: 

Michael Currens, Ph.D.

NCI Technology Transfer Center

(301) 846-1831

currens@mail.nih.gov

10/06/2009 Slide #6

U.S. Department of Health and Human Services

National Institutes of Health
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 391 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        March 25, 1998.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 1(b) of rule XXIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 2578) to amend the Immigration and Nationality Act to extend the visa 
waiver pilot program, and to provide for the collection of data with respect to 
the number of non-immigrants who remain in the United States after the 
expiration of the period of stay authorized by the Attorney General. The first 
reading of the bill shall be dispensed with. General debate shall be confined to 
the bill and shall not exceed one hour equally divided and controlled by the 
chairman and ranking minority member of the Committee on the Judiciary. After 
general debate the bill shall be considered for amendment under the five-minute 
rule. The bill shall be considered as read. No amendment to the bill shall be in 
order unless printed in the portion of the Congressional Record designated for 
that purpose in clause 6 of rule XXIII. The Chairman of the Committee of the 
Whole may: (1) postpone until a time during further consideration in the 
Committee of the Whole a request for a recorded vote on any amendment; and (2) 
reduce to five minutes the minimum time for electronic voting on any postponed 
question that follows another electronic vote without intervening business, 
provided that the minimum time for electronic voting on the first in any series 
of questions shall be 15 minutes. At the conclusion of consideration of the bill 
for amendment the Committee shall rise and report the bill to the House with 
such amendments as may have been adopted. The previous question shall be 
considered as ordered on the bill and amendments thereto to final passage 
without intervening motion except one motion to recommit with or without 
instructions.
    Sec. 2. After passage of H.R. 2578, it shall be in order to consider in the 
House the bill from the Senate S. 1178 to amend the Immigration and Nationality 
Act to extend the visa waiver pilot program, and for other purposes. It shall be 
in order to move that the House strike all after the enacting clause of the 
Senate bill and insert in lieu thereof the provisions of H.R. 2578, as passed by 
the House.
            Attest:

                                                                          Clerk.
```
#### Wm. H. Hughes *v.*A. G. Hughes, Admr., Etc.

Liens — 'Mere Deposit of Title Papers Cannot Create.

The mere deposit of title papers cannot create a lien or operate as a mortgage in this country, as in England, to give one creditor preference over another.

APPEAL PROM GALLATIN CIRCUIT COURT.

May 18, 1871.

*375
      *Winslow, for appellant.*

*Scott, for appellee.*

Opinion by

Judge Peters :

The statute provides expressly how real estate may be pledged for the security of a debt, and the mode therein provided must be pursued to give one creditor preference over others, and over subsequent purchasers.

A mere deposit of title papers cannot create a lien, or operate as a mortgage in this country, as in England, to give one creditor preference over others. If that were allowed the effect ■would be to give a fictitious credit to embarrassed debtors and to deceive those who might thereafter deal with them, and who knew nothing of the condition in which they had placed their property. This very evil the statute intended to present.

Judgment affirmed.
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Everett McKinley Dirksen

United States Courthouse

Room 2722 - 219 S. Dearborn Street

Chicago, Illinois 60604

Office of the Clerk

Phone: (312) 435-5850 

www.ca7.uscourts.gov 

 

January 26, 2024 

By the Court: 

No. 23-2783 

RANDY LIEBICH, 

 Plaintiff - Appellant

v.

PAUL SEVERIN, et al, 

 Defendants - Appellees

Originating Case Information:

District Court No: 1:20-cv-02368

Northern District of Illinois, Eastern Division

Magistrate Judge M. David Weisman

On December 13, 2023, and January 5, 2024, the court ordered the appellant to show cause why 

this appeal should not be dismissed for lack of prosecution based on the failure to timely file an 

opening brief. Although the most recent response was due January 19, 2024, the appellant has 

failed to respond or file the required opening brief. 

Accordingly, IT IS ORDERED that this appeal is DISMISSED for lack of prosecution. See Cir. 

R. 31(c)(2).

form name: c7_FinalOrderWMandate (form ID: 137)

Case: 23-2783 Document: 00714324583 Filed: 01/26/2024 Pages: 1
#### T. W. Campbell *v.*F. Seiffer.

Evidence — Competency of Conversation — Narartive of Past Occurrence.

A conversation which is not concomitant with the principal act nor connected with it so as to form a part of the res gestae hut a mere narrative of past occurrences can not he received as proof of the occurrence.

APPEAL PROM WARREN CIRCUIT COURT.

March 12, 1872.

*Gorin, for appellant.*

*J. A. Mitchell, for appellee.*

Opinion of ti-ie Court by

Judge Peters :

The principal question presented by this record for determination is whether the conversation between appellee and Middleton as detailed by the witness Wilkins was competent.

The object of this testimony was twofold. First, to establish the fact 'that appellee had bought from Middleton his county claim and paid him for it. And second, that Middleton had not sold his claim to appellant, both of which were material to the issue.

As to the first it was evident 'that if appellee had purchased said claim it was done previously to that conversation, and it was not concomitant with the principal act of buying the claim, nor connected with it so as to form a part of the *res gestae.*But a mere narrative of a past occurrence could not be received as proof of the existence of the occurrence, 1 *Greenleaf on Evid., Sec. 110.*,

As to the second proposition the witness did not profess to have any personal knowledge whether Middleton had or not sold his county claim, but merely detailed what Middleton said on the subject, which was only hearsay and, therefore, incompetent. We perceive no error in giving or refusing instructions, but for the error in admitting incompetent evidence the judgment must be *reversed*and the *cause*remanded with directions for a new trial and for further proceedings consistent herewith.
Exhibit 32.1   CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   I, John Swallow, CEO, and Chairman of the Board of Directors of Timberline Resources Corporation (the Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:  1.  This Annual Report on 10KSB of the Company for the period ended September 30, 2006 as filed with the Securities and Exchange Commission (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.  Date: January 16, 2007.  /s/ John Swallow  _______________________ John Swallow (CEO and Chairman of the Board of Directors)
January 6", 2023

Honorable Judge Virginia Kendall

My name is Larry Hardimon. I am the President and owner of One City United. My company
has contracts with the City of Chicago to clean up blighted areas on the west and south sides of
the City of Chicago. We employ primarily black people from the community to clear properties
of garbage and vegetation. Larry Jones is one of our workers. He is an excellent worker in every
way. I am aware that Larry Jones has a pending federal criminal case and that he is going to
prison. Mr. Jones is in a supervisory position, and we need him for several more projects. We
are respectfully asking if he could be allowed to remain on bond until May 1, 2023, to help us
complete these projects and meet our contractual obligations. It is difficult for us to find reliable
workers who are familiar with the challenges of the area in which we work. As you are aware,
there is a lot of violent activity, and we must have people who recognize situations developing
and take the appropriate precautions to do the work and avoid being murdered. I am grateful to
have Mr. Jones as a part of our organization. We are attempting to change the lives people in our
community. It is a very difficult task. Since starting with One City United, Mr. Jones has played
a key role in helping the organization grow. I know that Larry Jones may be taken into custody
on January 19, 2023. Mr. Jones has been very transparent with me while he has been on this
journey. I knew eventually the day would come. We have tried our best to prepare for this day by
trying to find someone to fill the important role that Mr. Jones plays in the organization and have
not yet been successful.

We have several new projects for the new year with the City of Chicago and it would really
be beneficial to us and to our community to have Mr. Jones on board to see these projects
through. Most of our contractors and employees have a close relationship with Mr. Jones and are
very comfortable working with him. They are pleased when he is leading their projects because
they know that he will make sure that the project is successfully completed.

An extension of time would enable our organization to start off the year with these new
projects under our belt. We need Mr. Jones’ help to put our organization in a position to obtain
and solidify additional future projects. We are confident that these projects will take
approximately four months to complete. We respectfully and humbly request that Mr. Jones be
allowed to begin his incarceration by surrendering himself on May 1°. 2023.

If there are any questions, anyone can contact me at my office which is located at 5219 W
Lake ST, Chicago IL 60644 or by calling me at 847-370-3217.

1CITY

UNITED
Subject: EXT :FW: Comments for NIST CSF v2.0 

Date: Thursday, March 9, 2023 1:26:32 PM 

CAUTION: This email originated from outside your organization. Exercise caution when opening 

attachments or clicking links, especially from unknown senders. 

FYI 

Sent: Thursday, March 2, 2023 8:42 AM 

To: cyberframework <cyberframework@nist.gov> 

Subject: Comments for NIST CSF v2.0 

Dear NIST, 

As a user of and assessor of the NIST CSF, there are some comments about the current version, 

which I hope could be considered when making the v2.0 revision. 

1. There is a lack of the role Security Architecture has in the CSF. 

2. Subcategory descriptions need more context. Example PR.AC-6 "Identities are proofed ...". 

Suggestion - include a normative section which describes in more detail the intent of the 

subcategory. 

3. The Informative References don't seem to necessarily align with the objective. Perhaps, the 

reference was chosen as it is closest to the subcategory. Using the nomenclature from OLIR 

(Superset, subset, etc.) might help clarify the relationship. 

4. Measurement. Are Implementation Tiers intended at the Organization level or at the 

Subcategory level. My comment is that the Implementation Tiers mention Risk Management, 

which tends to be broader than any subcategory. 

5. Measurement. Need more information about how to assess an organization 

6. Relationship between Subcategory (Objective) with the associated Profile. NIST CSF should 

discuss the relationship between a Profile and Controls and/or Policy. 

7. Supply Chain. Need more context, especially on the Category and Subcategory level. Is 

Supply chain about Third Parties, or assets acquired/purchased/sold, or both? Without 

Guidance, an organization may look at this too narrowly. 

8. Security Services can end up being spread across multiple 

Functions/Categories/Subcategories. Example: Vulnerability Management, Threat Intelligence 

9. Some subcategories seem to build on previous ones. How does one account for that in 

measurement? For example, many subcategories rely on Asset Management. If one has a 

poor 

10. Measurement. Most measurement scores seem to measure the maturity of the process. 

However, if the process is not effective, then it provides less value to the organization. How 

does one account for both maturity and effectiveness? 
 

I know these are short, but would be willing to discuss them in more detail. 

Leon M. Olszewski |