alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harold D. Greenwald, Plaintiff, *v.*Gotham Silk Hosiery Co., Inc., Defendant.

Supreme Court, New York County,

December 8, 1925.

Depositions • — ■ examination of defendant before trial — plaintiff entitled to examine defendant as to prospective damages in action for breach of contract.

The plaintiff, in an action for breach of contract, is entitled to examine the defendant before trial for the purpose of ascertaining facts from which prospective damages may be fixed.

Motion for examination of party before trial.

*Stein & Salant,*for the plaintiff.

*Spiro, Abrams & Felstiner [William Felstiner*of counsel], for the defendant.

Proskauer, J.

By the terms of the general letter which governed the specific contracts in suit, the plaintiff’s assignor was protected by the defendant’s covenant not to take any business in a particular city “ so long as you are selling in any particular city as much as two dozen per year for each thousand inhabitants.” Wldle other circumstances developed on a trial might require a different holding by a trial judge, I cannot hold on these papers that this is a mere contract at will. The plaintiff’s assignor was to make a market for an article bearing a trade name and as part of the arrangement by which it was to do this, it was secured in its sole right to distribute that article for a period, not definitely expressed in years, but definitely ascertainable by a fixed criterion. The measure of the damages for the breach is the value of the contract to plaintiff’s assignor. The profits made by plaintiff’s assignor before the breach, the sales in the specified territory made by the defendant after the breach, and the similar business experience in the particular city of the plaintiff’s assignor and the defendant, constitute the evidence upon which a jury would fix the reasonable probability of the duration of the agency of plaintiff’s assignor and the annual profit which it would have realized during such period of continuance. The doctrine of *Wakeman*v. *Wheeler & Wilson Mfg. Co.*(101 N. Y. 205) is applicable.

*300The case of *Cramer*v. *Grand Rapids Show Case Co.*(223 N. Y. 63) is clearly distinguishable because there the business whose profits were to be ascertained was not a continuing enterprise commenced before the breach complained of and the profits for the intervening period could not be computed readily from the experience of this business itself.

The subject-matter of the examination sought seems to me, therefore, material and the motion is granted. Settle order on notice.
Exhibit 99.1
                                 ------------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWALT, INC.
                        ALTERNATIVE LOAN TRUST 2004-8CB
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-8CB


     The undersigned do hereby certify that they are each an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(a "Master Servicer"), and do hereby further certify pursuant to Section 3.16
of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i)  A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under our supervision; and

(ii) To the best of our knowledge, based on such review, the Master Servicer
has fulfilled all its obligations under the Agreement throughout such year.




/s/ Joseph M. Candelario                   Dated: March 29, 2005
------------------------

JOSEPH M. CANDELARIO
FIRST VICE PRESIDENT



/s/ Mark Wong                              Dated: March 29, 2005
-------------

MARK WONG
SENIOR VICE PRESIDENT
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 329 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. RES. 329

  Providing for the concurrence by the House with an amendment to the 
          Senate amendment to the House amendments to S. 562.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 1997

  Mr. Lazio of New York submitted the following resolution; which was 
          considered under suspension of the rules and adopted

_______________________________________________________________________

                               RESOLUTION

 
  Providing for the concurrence by the House with an amendment to the 
          Senate amendment to the House amendments to S. 562.

    Resolved, That, upon the adoption of this resolution, the House 
shall be considered to have taken from the Speaker's table the bill S. 
562, together with the Senate amendment to the House amendment to the 
text of the bill, and to have concurred in the Senate amendment with an 
amendment as follows:
    In the matter proposed to be inserted by the Senate amendment, at 
the end of section 304 add the following new subsection:
    (c) Applicability.--This section shall apply only during the period 
beginning on October 1, 1997, and ending at the end of March 31, 1998.
                                 <all>
```
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.3

Eastern Division

REPUBLIC TECHNOLOGIES (NA), LLC, et

al.

Plaintiff,

v. Case No.: 1:20−cv−00462

Honorable Robert M. Dow Jr.

R & J 2 Inc., et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, December 10, 2020:

 MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference

held. Defendants failed to appear. Plaintiffs' motion for entry of default judgment against

Defendant R & J 2 Inc. doing business as Tobacco Express, Jacob Nofal and Ramy Nofal

[30] is granted. Counsel to submit a proposed order in word format. Civil case terminated.

Emailed notice(cdh, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:20-cv-00462 Document #: 33 Filed: 12/10/20 Page 1 of 1 PageID #:211
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 416 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        April 30, 1998.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider the conference report to accompany the bill (H.R. 3579) making 
emergency supplemental appropriations for the fiscal year ending September 30, 
1998, and for other purposes. All points of order against the conference report 
and against its consideration are waived. The conference report shall be 
considered as read.
            Attest:

                                                                          Clerk.
```
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.2

Eastern Division

Getten Credit Company

Plaintiff,

v. Case No.: 1:20−cv−02651

Honorable Ronald A. Guzman

Fair Isaac Corporation

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Wednesday, May 6, 2020:

 MINUTE entry before the Honorable Ronald A. Guzman: Attorney Daniel E.

Gustafson's motion for leave to appear pro hac vice [7] on behalf of the plaintiff is

granted. Mailed notice(is, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:20-cv-02651 Document #: 10 Filed: 05/06/20 Page 1 of 1 PageID #:57
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-31119

Conference Calendar

 

KENNETH WAYNE WILLIAMS,

Plaintiff-Appellant,

versus

CITY OF SIMMESPORT; KENNY SMITH; DWAYNE DIBBLE, incorrectly

identified as DeWayne Dilbert; PERRY DUPONT, incorrectly

identified as Perry Lemoine; DANIEL FIRMIN, incorrectly

identified as Daniel Furhman,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 95-CV-756

- - - - - - - - - -

June 15, 1999

Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Kenneth Williams (“Williams”) has appealed the jury’s

verdict in his civil rights action and the district court’s

denial of his motion in limine that sought to exclude his

disturbing the peace conviction from evidence. He argues that

the jury clearly erred in reaching its verdict and that evidence

of his misdemeanor disturbing the peace conviction was

inadmissible under Federal Rule of Evidence 609. We have 
No. 97-31119 

-2-

reviewed the record and the briefs of the parties and conclude

that (1) ample evidence existed to support the jury’s verdict,

see United States v. Flintco Inc., 143 F.3d 955, 964 (5th Cir.

1998), and (2) the district court did not commit plain error in

admitting evidence of Williams’ disturbing the peace conviction

under Federal Rule of Evidence 401. See United States v. Graves,

5 F.3d 1546, 1551-53 (5th Cir. 1993); see also Palmerin v. City

of Riverside, 794 F.2d 1409, 1413-14 (9th Cir. 1986). The

judgment of the district court is AFFIRMED.
{"version":"1.0","provider_name":"NASA","provider_url":"https:\/\/www.nasa.gov","author_name":"NASA","author_url":"https:\/\/www.nasa.gov\/author\/nasamigrate\/","title":"Design a Crew Module","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"VeNNKipkRN\"><a href=\"https:\/\/www.nasa.gov\/stem-content\/design-a-crew-module\/\">Design a Crew Module<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.nasa.gov\/stem-content\/design-a-crew-module\/embed\/#?secret=VeNNKipkRN\" width=\"600\" height=\"338\" title=\"“Design a Crew Module” — NASA\" data-secret=\"VeNNKipkRN\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script>\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n<\/script>\n","thumbnail_url":"https:\/\/www.nasa.gov\/wp-content\/uploads\/2023\/02\/crew-module-new-artemis.jpg?w=600","thumbnail_width":600,"thumbnail_height":533}
#### Given Watts *&*Co. *v.*Jerome Watson *&*Co.

Bankruptcy — Assignee Holds for Creditors.

An assignee of a debt in bankruptcy bolds same for tbe benefit of all tbe creditors of tbe bankrupt.

APPEAL FROM HENDERSON CIRCUIT COURT.

April 24, 1871.

Opinion by

Judge Peters :

It seems to this court that the facts stated in the reply of the assignee in bankruptcy of Given Watts & Co., and these stated in the petition in U. S. District Court to set aside the certificate *362of discharge of appellee Watson in bankruptcy, entitled appellants to a' continuance of the cause, and also fully authorized the court to make them party plaintiffs in the suit, as they held the legal title to the debt, if any existed, for the benefit of the creditors of Given Watts & Co.

*Turner, for appellants.*

*Bush, for appellees.*

The court therefore erred in refusing to permit said assignees to be made parties to the suit, and in overruling the motion of appellants to continue the cause and in dismissing the petition.

Wherefore the judgment is reversed and the cause remanded for further proceedings consistent with this opinion.
#### HEDRICK v. PPG INDUSTRIES

No. 286P97

Case below: 126 N.C.App. 354

Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 23 July 1997.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

LOOP SPINE & SPORTS CENTER, LTD., )

 )

Plaintiff, ) 20 C 2358

)

v. ) Judge Tharp

) Magistrate Judge Cox

OPENMED INC. )

and JOHN DOES 1-10, )

)

Defendants. )

NOTICE OF SETTLEMENT

Plaintiff Loop Spine & Sports Center, Ltd. respectfully informs the Court that the parties

have reached an individual settlement in this matter. Plaintiff anticipates filing a notice of

dismissal by November 30, 2020. 

Respectfully submitted, 

s/ Heather Kolbus

Heather Kolbus

Daniel A. Edelman

Heather Kolbus

EDELMAN, COMBS, LATTURNER & GOODWIN, LLC

20 S. Clark Street, Suite 1500

Chicago, IL 60603

(312) 739-4200

(312) 419-0379 (FAX)

Case: 1:20-cv-02358 Document #: 27 Filed: 10/26/20 Page 1 of 2 PageID #:93
CERTIFICATE OF SERVICE

I, Heather Kolbus, hereby certify that on October 26, 2020, I caused a true and accurate

copy of the foregoing document to be filed via the court’s CM/ECF system, and to be served via

U.S. Mail upon the following:

OpenMed, Inc.

78 SW 7th St., Suite 7114

Miami, FL 33130

s/ Heather Kolbus

Heather Kolbus

Daniel A. Edelman

Heather Kolbus

EDELMAN, COMBS, LATTURNER & GOODWIN, LLC

20 S. Clark Street, Suite 1500

Chicago, IL 60603

(312) 739-4200

(312) 419-0379 (FAX)

Case: 1:20-cv-02358 Document #: 27 Filed: 10/26/20 Page 2 of 2 PageID #:94
IV

105TH CONGRESS

2D SESSION H. RES. 338

Expressing the condolences of the House on the death of the Honorable

Sonny Bono, a Representative from the State of California.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1998

Mr. LEWIS of California submitted the following resolution; which was

considered and agreed to

RESOLUTION

Expressing the condolences of the House on the death of

the Honorable Sonny Bono, a Representative from the

State of California.

1 Resolved, That the House has heard with profound

2 sorrow of the death of the Honorable Sonny Bono, a Rep3 resentative from the State of California.

4 Resolved, That the Clerk of the House communicate

5 these resolutions to the Senate and transmit a copy there6 of to the family of the deceased.

7 Resolved, That when the House adjourns today, it

8 adjourn as a further mark of respect to the memory of

9 the deceased.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6439

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOHN ANTHONY FRILANDO, a/k/a Chino Frilando,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Florence. C. Weston Houck, Senior District 

Judge. (4:97-cr-00084-CWH-1)

Submitted: May 31, 2012 Decided: June 6, 2012

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John Anthony Frilando, Appellant Pro Se. Alfred William Walker 

Bethea, Jr., Assistant United States Attorney, Florence, South 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

John Anthony Frilando appeals the district court’s 

order granting his motion for reduction of sentence pursuant to 

18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and 

find no reversible error. Accordingly, we affirm for the 

reasons stated by the district court. United States v. 

Frilando, No. 4:97-cr-00084-CWH-1 (D.S.C. Feb. 29, 2012); see 

United States v. Dunphy, 551 F.3d 247, 251–52 (4th Cir. 2009) 

(holding that § 3582(c)(2) does not authorize sentence below 

minimum of amended Guidelines range); U.S. Sentencing Guidelines 

Manual § 1B1.10(b)(2) (2011). 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
CFTC Ex. 5

Case: 1:20-cv-03758 Document #: 79-2 Filed: 11/05/21 Page 1 of 11 PageID #:1413
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#### Cumberland & Ohio Railroad Co. *v.*Uriah Shumaker.

Railroads — Subscription by County to Capital Stock — Mandamus.

Where a proposition to subscribe to the capital stock of a railroad bas been authorized by an act of the legislature and a majority voted in favor of the proposition, it is imperative on the county court to subscribe for the stock, and upon failure to do so mandamus is the proper remedy.

APPEAL FROM WASHINGTON CIRCUIT COURT.

October 9, 1871.

*210
      *Thompson, Montague, for appellee.*

Opinion by

Judge Peters :

By the act of the Legislature incorporating appellant, the courts of the respective counties therein named- are authorized to take stock in it, .and issue 'bonds of the county in payment thereof after having submitted the question for .making the subscription to the qualified voters of such county, and a majority shall have voted for said subscription. The act is imperative on the -county court after the question- 'has been submitted and a majority of the voters vote in favor of it. And if the facts requisite to the subscription are shown to exist, and the court should then refuse, a -mandamus to compel the county court to make the subscriptions to the capital stock of appellant is the appropriate remedy. *Justices of Clark Co. v. Paris, Winchester and Kentucky River Turnpike Road Co.,*11 *Ben. Mon.*146.

The duty imposed on the county court by the legislative enactment aforesaid is merely -ministerial, and this court has no jurisdiction to revise o-r reverse an order merely refusing to perform that duty. *Page v. Hardin,*8 *B. Mon.*651.

Wherefore the motion- of appellee must :be sustained and the appeal dismissed.
IV

House Calendar No. 136

105TH CONGRESS

1ST SESSION H. RES. 323

[Report No. 105–402]

Waiving points of order against the conference report to accompany the

bill (H.R. 2159) making appropriations for foreign operations, export

financing, and related programs for the fiscal year ending September

30, 1998, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 12, 1997

Mr. DIAZ-BALART, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

Waiving points of order against the conference report to

accompany the bill (H.R. 2159) making appropriations

for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1998,

and for other purposes.

1 Resolved, That upon adoption of this resolution it

2 shall be in order to consider the conference report to ac3 company the bill (H.R. 2159) making appropriations for

4 foreign operations, export financing, and related programs
2

HRES 323 RH

1 for the fiscal year ending September 30, 1998, and for

2 other purposes. All points of order against the conference

3 report and against its consideration are waived. The con4 ference report shall be considered as read.

House Calendar No. 136

105TH CONGRESS

1ST SESSION H. RES. 323

[Report No. 105–402]

RESOLUTION

Waiving points of order against the conference reposes. ending September 30, 1998, and for other pur- nancing, and related programs for the fiscal year appropriations for foreign operations, export fi- port to accompany the bill (H.R. 2159) making

NOVEMBER 12, 1997

Referred to the House Calendar and ordered to be

printed