alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John W. Evans *v.*Frank Littell and Others.

Damages — Injury to Property — Repelling Assault — Vindictive Damages.

The jury should have found for the appellant, the value of the horse unless it was hilled by appellees in repelling an assault made on them by him, which could not have been successfully resisted by the use of less force than was resorted to by them. If the appellant willingly engaged in the combat he is not entitled to vindictive damages.

APPEAL FROM GRANT CIRCUIT COURT.

September 7, 1871.

*Scott, for appellant.*

Opinion by

Judge Lindsay :

We are of the opinion that the instructions in this case were as favorable to the appellant as he had the right to demand.

Under the same the jury were bound to find for him the value of his horse unless it was killed by the appellees in repelling an assault made upon them by him, which could not have been successfully repelled by the use of less force than was resorted to by them.

Appellant had no right to'vindictive damages in any state of case. The evidence shows clearly that if he did not provoke, he willingly and eagerly engaged in the combat.

The verdict is not so flagrantly against the weight of the evidence as to authorize the interference of this court.

Judgment affirmed.
Document headings vary by document type but may contain
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                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
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                    for more details.
 Small Business Administration [Disaster Declaration #14180 and #14181]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Nevada (FEMA—4202—DR), dated 11/05/2014. *Incident:*
                         Severe Storms and Flooding. *Incident Period:*
                         09/07/2014 through 09/09/2014. *Effective Date:*
                         11/05/2014. *Physical Loan Application Deadline Date:*
                         01/05/2015. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         08/05/2015.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 11/05/2014, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     MOAPA BAND of PAIUTES RESERVATION. The Interest Rates are: PercentFor Physical Damage:Non-Profit Organizations With Credit Available Elsewhere
2.625Non-Profit Organizations Without Credit Available Elsewhere
2.625For Economic Injury:Non-Profit Organizations Without Credit Available Elsewhere
2.625
 The number assigned to this disaster for physical damage is 14180B and for economic injury is 14181B. 
 
 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008). James E. Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2014-27171 Filed 11-14-14; 8:45 am] BILLING CODE 8025-01-P
NEWS RELEASE FOR IMMEDIATE RELEASE

      AMERICAN STANDARD COMPLETES MEDICAL BUSINESS EXIT WITH DIASORIN SALE

PISCATAWAY, NJ -- August 3, 2000 -- American Standard Companies Inc. (NYSE: ASD)
announced  today a definitive  agreement to sell its DiaSorin  medical unit to a
group consisting of SNIA, a $1.2 billion high-tech industrial firm;  Interbanca,
a leading Italian merchant bank; Iniziativa Piemonte, a private equity firm; and
four members of DiaSorin's current  management.  The sale, subject to regulatory
approvals,  has been  approved by the boards of all companies  involved,  and is
expected to close in the third quarter of this year.

The sale includes  DiaSorin's  blood-testing  products as well as its Copalis(R)
and other  diagnostic  analyzer  systems.  DiaSorin  has  factories  in Jundiai,
Brazil; Saluggia,  Italy; and Stillwater,  Minnesota, in the United States. Upon
completion of the transaction,  these locations and more than 500 employees will
become part of the new business being established by the buyers.

In October 1999,  American Standard  announced its intention to sell the medical
businesses.  Since then,  the company  has  treated  DiaSorin as a  discontinued
operation. The reserves established in the fourth quarter of 1999 cover the cost
of the company's exit from the medical businesses.

"We are now  completely  out of the  medical  business,"  said  Frederic  Poses,
American  Standard  chairman  and CEO.  "We're  pleased  with  this sale for our
shareowners, customers and employees."


American  Standard is a global  manufacturer  with market  leading  positions in
three businesses:  Trane(R),  the United States' leading supplier of central air
conditioning systems and service for commercial and institutional  buildings and
a premier  brand  for  residential  buildings;  American  Standard(R)  and Ideal
Standard(R),   the  world's  largest  manufacturer  of  plumbing  products;  and
WABCO(R),  the leading supplier of electronic braking and control systems to the
world's  manufacturers  of  heavy-duty  trucks and buses.  The  company  employs
approximately  58,000 people in 36 countries.  American  Standard is included in
the Standard & Poor's MidCap 400 Index.


For  more  information,   reporters  may  contact:
American Standard -- Lisa Glover,732 980-6048, lglover@americanstandard.com, or
Shelly London, 732 980-6175, slondon@americanstandard.com

For more information, investors and financial analysts may contact:
American Standard -- Phil Bradtmiller, 732 980-6038,
pbradtmiller@americanstandard.com, or Bruce Fisher, 732 980-6095,
bfisher@americanstandard.com


Additional information is available at http://www.americanstandard.com. U.S.
callers can listen to the latest news release and other corporate information by
dialing (888) ASD-NEWS.
I 

108TH CONGRESS 

1ST SESSION H. R. 397

To reinstate and extend the deadline for commencement of construction of 

a hydroelectric project in the State of Illinois. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2003

Mr. SHIMKUS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL

To reinstate and extend the deadline for commencement of 

construction of a hydroelectric project in the State of Illinois.

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

3 SECTION 1. EXTENSION OF TIME FOR FEDERAL ENERGY 

4 REGULATORY COMMISSION PROJECT. 

5 Notwithstanding the time period specified in section 

6 13 of the Federal Power Act (16 U.S.C. 806) that would 

7 otherwise apply to the Federal Energy Regulatory Com8 mission project numbered 11214, the Commission may, at 

9 the request of the licensee for the project, and after rea10 sonable notice, in accordance with the good faith, due dili-
2

•HR 397 IH 

1 gence, and public interest requirements of that section and 

2 the Commission’s procedures under that section—

3 (1) reinstate the license for the construction of 

4 the project as of the effective date of the surrender 

5 of the license; and 

6 (2) extend the time period during which the li7 censee is required to commence the construction of 

8 the project for 3 consecutive 2-year periods beyond 

9 the date that is 4 years after the date of issuance 

10 of the license.

Æ
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-60437

Summary Calendar

____________

Elsa Diaz-Pajardo, 

Petitioner,

versus

Merrick Garland, U.S. Attorney General, 

Respondent.

______________________________

Petition for Review of an Order of the 

Board of Immigration Appeals

Agency No. A098 488 759

______________________________

Before Barksdale, Graves, and Oldham, Circuit Judges.

Per Curiam:*

Proceeding pro se, Elsa Diaz-Pajardo, a native and citizen of 

Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) 

order affirming the denial of her motion to reopen and to rescind her in 

absentia order of removal. See, e.g., Jaco v. Garland, 24 F.4th 395, 400 (5th 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

March 27, 2024

Lyle W. Cayce

Clerk

Case: 23-60437 Document: 74-1 Page: 1 Date Filed: 03/27/2024
No. 23-60437

2

Cir. 2021) (“We construe the filings of pro se litigants liberally.”). (The 

motion to reopen was filed more than 15 years after the 2004 removal order.) 

Diaz contends she was not notified properly of her removal hearing. 

Our court reviews denial of a motion to reopen under a “highly deferential 

abuse-of-discretion standard”. Mauricio-Benitez v. Sessions, 908 F.3d 144, 

147 (5th Cir. 2018) (citation omitted). 

An in absentia removal order may be rescinded if an alien shows: she 

did not receive notice of the hearing in accordance with 8 U.S.C. § 1229(a);

and the failure to appear was through no fault her own. 8 U.S.C. 

§ 1229a(b)(5)(C)(ii). Section 1229(a) provides that an alien subject to 

removal proceedings is entitled to written notice specifying, inter alia, the 

time and place of the removal proceedings and the consequences for failing 

to appear. 8 U.S.C. § 1229(a)(1)(G). An alien, however, is not entitled to 

written notice of her removal hearing if she fails to provide an address where

she can be notified after being informed of her obligation to do so. E.g., Nivelo 

Cardenas v. Garland, 70 F.4th 232, 243 (5th Cir. 2023). 

It is undisputed that Diaz never provided an address where she could 

be notified, despite being advised of her obligation to do so. She, therefore,

forfeited her right to notice. See id.

DENIED.

Case: 23-60437 Document: 74-1 Page: 2 Date Filed: 03/27/2024
CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing with the Clerk of the 

Court for the Northern District of Illinois by using the Court’s CM/ECF system on 

November 16, 2020.

Dated: November 16, 2020 /s/ James M. Falvey

James M. Falvey

Falvey Law Office

200 S. Wacker Drive, 

Suite 3100

Chicago, Illinois 60606

jimfalvey@yahoo.com

312-404-5839

Attorney for Defendants

Long Leaf Trading Group, Inc. and

James Donelson

Case: 1:20-cv-03758 Document #: 41-1 Filed: 11/16/20 Page 1 of 1 PageID #:310
ILND 450 (Rev. 10/13) Judgment in a Civil Action

IN THE UNITED STATES DISTRICT COURT

FOR THE 

NORTHERN DISTRICT OF ILLINOIS

Kieren Wragge and David Beard,

Plaintiff(s),

v.

The Boeing Company,

Defendant(s).

Case No. 20 C 4457

Judge Franklin U. Valderrama

JUDGMENT IN A CIVIL CASE

Judgment is hereby entered (check appropriate box):

in favor of plaintiff(s)

and against defendant(s)

in the amount of $ ,

which includes pre–judgment interest. 

does not include pre–judgment interest.

Post-judgment interest accrues on that amount at the rate provided by law from the date of this judgment. 

Plaintiff(s) shall recover costs from defendant(s).

in favor of defendant(s) The Boeing Company.

and against plaintiff(s) Kieren Wragge and David Beard.

Defendant(s) shall recover costs from plaintiff(s).

other:

This action was (check one):

tried by a jury with Judge presiding, and the jury has rendered a verdict. 

tried by Judge without a jury and the above decision was reached. 

decided by Judge Franklin U. Valderrama on a motion. 

Date: 9/9/2022 Thomas G. Bruton, Clerk of Court

Analeah Charles, Deputy Clerk

Case: 1:20-cv-04457 Document #: 67 Filed: 09/09/22 Page 1 of 1 PageID #:804
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7189
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CURTIS LAMAR SMITH, Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Salisbury. N. Carlton Tilley, Jr., District Judge. (CR-91-200-S, CA-96-131-4) Submitted: January 23, 1997 Decided: February 4, 1997 Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion.Curtis Lamar Smith, Appellant Pro Se. Sandra Jane Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No.104-132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Smith , Nos. CR91-200-S; CA-96-131-4 (M.D.N.C. July 23, 1996). We deny as moot Appellant's motion to hold the case in abeyance for United States v. Stroman , No. 96-6054 (4th Cir., July 30, 1996) (unpublished). 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.

DISMISSED
#### Rodney MORTON, Petitioner—Appellant, v. Helen F. FAHEY, Chairwoman, Virginia Pardon & Parole Board; Gene Johnson, Director, Virginia Department of Corrections, Respondents—Appellees.

No. 04-7249.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 16, 2004.

Decided Dec. 22, 2004.

Rodney Morton, Appellant pro se.

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

Rodney Morton appeals the district court’s order denying relief under 28 U.S.C. § 1915A(b) (2000), on his complaint challenging matters concerning his parole file. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *See Morton v. Fahey,*No. CA-04-428-1 (E.D.Va. July 12, 2004). 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*
Exhibit 10.4(b)


        Schedule of Warrants (refinancings) Issued by NCT Group, Inc. to
          Carole Salkind for the three months ended September 30, 2005


   Grant Date      Expiration Date      Exercise Price        Shares Granted
   ----------      ---------------      --------------        --------------
    07/08/05          07/08/10              $0.0120             446,750,000
    08/01/05          08/01/10              $0.0101             220,000,000
    08/10/05          08/10/10              $0.0100             307,750,000
    08/24/05          08/24/10              $0.0080              16,250,000
    09/26/05          09/26/10              $0.0060              53,750,000
    09/30/05          09/30/10              $0.0050               7,500,000

                                                            ------------------
                                                              1,052,000,000
                                                            ==================
1 

Fiscal Year 2023 Extramural Construction Grants

Entity Project

The Ohio State University Battery Innovation Laboratory and 

Education Center

The University of Scranton

Workforce Development, Applied 

Research and Outreach Center in 

Health, Science and Cybersecurity

St. Mary’s University

Construction and Equipment for the 

Innovation Center at St. Mary’s 

University

Claflin University Claflin University Bioscience Research

and Technology Center

Tennessee State University

Tennessee State University Harned

Hall Biological Sciences Research 

Building Renovation

Institute for Sustainable Bio- technology at the 

Inter-American University of Puerto Rico

Center for Food Security and 

Sustainable Agriculture

University of Puerto Rico, Mayaguez Campus Aerospace Research Institute

Harris County Institute of Forensic Sciences Design

and Renovation

The University of Toledo Health Sciences Bioresearch Lab

Connecticut Center for Advanced

Technology (CCAT)

Connecticut Manufacturing 

Technology & Innovation Center
2

University of Missouri— Columbia Next Generation University of Missouri 

Research Reactor

University of Colorado Boulder University of Colorado Boulder JILA

Bigelow Laboratory for Ocean Sciences Innovation and Education Wing at 

Bigelow Laboratory

Utica University Utica University Crime Lab

Mount St. Mary’s University

Mount St. Mary’s Expanding STEM

Access, Innovation and Workforce 

Development in Rural Maryland

Wright State University The Wright State University Power

House Research Center

Ohio University Russ Research Center Digital Design 

Studio Development

Florida International University

Robotics and Autonomous Systems 

Laboratory for Coastal Conservation 

and Restoration

Missouri State University Construction at Cheek Hall Science and 

Mathematics Facilities

The Curators of the University of Missouri Construction at Manufacturing 

Technology and Innovation Campus

West Virginia Geological and Economic 

Survey Modernization of Repository Facilities
3

University of Maine System

Construction of an AdvancedManufacturing Materials Research 

Facility

University of New England Construction of a Coastal Research 

Deployment Facility

University of Oklahoma Expansion of National Weather Center

Facilities

Champlain College Cybersecurity and Information

Technology Nexus Research

Norwich University Multi-disciplinary Cyber Fusion 

Research and Development Center

Fort Hays State University Renovation of Forsyth Library

University of Kansas Cancer Center

Planning and Construction of a Cancer 

Research Facility at the KU Cancer 

Center

Seacoast Science Center Seacoast Science Center Renovation 

and Program Expansion

Marion Military Institute Construction of a New Math and Science

Facility

The University of Alabama at Tuscaloosa

Construction of a High- Performance

Computing and Data Center for Water 

and Hydrological Scientific Research, 

Education, and Forecasting
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAM SABER,

Plaintiff

- Appellant,

v.

J.P. MORGAN CHASE BANK, N.A.,

Defendant

- Appellee. No. 14

- 56000

D.C. No. 8:13

- cv

- 00812

- DOC

JCG

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted May 6, 2016 Pasadena, California

Before: M. SMITH and NGUYEN, Circuit Judges and GORDON, ** District Judge.

Sam Saber appeals the district court’s dismissal of two causes of action in

his second amended complaint agains t J.P. Morgan Chase Bank, N.A. We have

jurisdiction under 28 U.S.C. § 1291 , and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The Honorable Andrew P. Gordon, District Judge for the U.S. District Court for the District of Nevada, sitting by designation. 

# FILED

MAY 26 2016

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

1. The district court did not abuse its discret ion in dismissing Saber’s claim

under California Civil Code § 2923.6 with prejudice . The court had previously

dismissed this same claim with leave to amend and specifically explained that

Saber must adequately allege a material change in his financial cir cumstances in

connection with his January 15, 2013 loan modification application. As Saber

concedes, both below and on appeal, he failed to do so. Denying further

amendment is not abuse of discretion where a party has “essentially re

- pled the

same facts and legal theories. ” Loos v. Immersion Corp. , 762 F.3d 880, 890

- 91

(9th Cir. 2014) (quotation and citation omitted) ; see also Griggs v. Pace Am. Grp.,

Inc. , 170 F.3d 877, 879 (9th Cir. 1999) (“The trial court’s discretion . . . is

particularly broad where, as here, a plaintiff previously has been granted leave to

amend.”).

2. Reviewing de novo, see Leadsinger, Inc. v. BMG Music Publ’g , 512

F.3d 522, 526 (9th Cir. 2008), the district court also did not err in dismissing

Saber’s claim under California Civ il Code § 2923.7. Saber has not plausibly

alleged that he was not given a single point of contact because he alleges in

relation to his § 2923.6 claim that he was in contact with J.P. Morgan regarding a

loan modification and that J.P. Morgan responded to that inquiry. Further, in light3

of these allegations, the district court did not err in requiring Saber to provide more

detailed factual allegations to support other statutory violations. Nor did it err in

then dismissing when Saber failed to do so.

AF FIRMED.
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