alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SWALLOW v. HARRISBURG RYS. CO.

No. 3549.

United States District Court M. D. Pennsylvania.

May 10, 1951.

Elwood S. Levy, of Richter, Lord & Far-age, Philadelphia, Pa., Paul J. Smith, Harrisburg, Pa., for plaintiff.

Arthur H. Hull, Charles E. Thomas, of Hull, Leiby & Metzger, Harrisburg, Pa., for defendant.

WATSON, Chief Judge.

This is an action by James G. Swallow, Plaintiff, to recover damages resulting from an automobile accident alleged to have been caused by the negligence of the Harrisburg Railways Company, Defendant. Plaintiff has filed a motion under Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C., for the production of all photographs, exhibits, sketches, plans and documents which Defendant proposes to use at the trial.

Plaintiff’s request is entirely too broad. Plaintiff, however, is entitled to inspect the *306photographs in possession of the Defendant which were taken at the scene of the accident, as this will obviously aid the Plaintiff in properly preparing his case and will facilitate proof or progress at the trial. Plaintiff’s motion will be granted in this limited form.
#### G. V. Morris *v.*Rail M. Jones, etc.

Equity — Application of Money Collected.

The facts were held to -authorize the chancellor to interfere with the application of money collected on notes to the payment of a judgment.

APPEAL FROM ROWAN CIRCUIT COURT.

January 29, 1873.

Opinion by

Judge Pryor:

The original petition presented no cause of action for the reason that payment is alleged to have been made prior to the institution of the action by Morris on the note in controversy.

The amended petition, however, alleges payment after the rendition of the judgment on this note, and if subsequently paid' the chancellor had jurisdiction to prevent its collection by execution. The agreement between the parties by which Morris undertook to collect and apply the notes on Evans to the payment of the notes assigned by Cord to him on the appellee, being in writing, precludes the appellant from relying upon the statute of limitations as a bar to the appellees’ right to enforce its. terms. At the time the appellant instituted suit on the note the appellee had no right to plead this agreement as a set-off or counterclaim, as by its terms the Evans notes were not to be applied to the payment of the note sued on by Morris until collected. This collection was made after the judgment and was afterwards paid to the appellant as he admits by his failure to respond to the allegations of the amended petition *406of the appellees in which these facts are specifically alleged. When appellant received the money, it was a payment of the judgment on the nqte assigned him by Cord. It was right and proper for the chancellor to interfere. The judgment is *affirmed.*

*Clark, Cord, for appellant.*

*Hargis, for appellees.*
___________

No. 95-4237

___________

Scandia Stucco Co., *

*

Petitioner, *

*

v. *

*

National Labor Relations Board, *

*

Respondent. *

___________ Appeals from an Order of the

National Labor Relations Board.

No. 96-1373

___________ [UNPUBLISHED]

Scandia Stucco Co., *

*

Respondent, *

*

v. *

*

National Labor Relations Board, *

*

Petitioner. *

_____________

Submitted: November 21, 1996

 Filed: November 27, 1996

_____________

Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.

_____________

PER CURIAM.

The National Labor Relations Board (NLRB) seeks enforcement of an

order requiring Scandia Stucco Co. (Scandia) to abide by the terms of the

master collective bargaining agreement with the union and to cease and

desist from certain unfair labor practices.
-2-

Following a hearing on the complaint, the administrative law judge

(ALJ) ruled that Scandia violated 29 U.S.C. § 158(a)(1)(5) by repudiating

the master collective bargaining agreement with the union, by refusing to

provide the union with information relevant to the union's collectivebargaining duties, and by refusing to cooperate in processing a grievance.

The ALJ also ruled that Scandia violated 29 U.S.C. § 158(a)(1)(3) by

telling its employees they would no longer be represented by their union

and by constructively discharging a union member who left the company. The

NLRB adopted the ALJ's findings, conclusions, and rulings.

Scandia contends the NLRB's order is based on erroneous legal

rulings, is not supported by substantial evidence on the record, and the

order should not be enforced. A review of the record, however, shows the

ALJ's findings are supported by ample evidence, and the rulings are clearly

correct. Thus, the NLRB's order is enforced. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
# Presidential Determination on Refugee Admissions for Fiscal Year 2015

# Memorandum for the Secretary of State

In accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions:

The admission of up to 70,000 refugees to the United States during Fiscal Year (FY) 2015 is justified by humanitarian concerns or is otherwise in the national interest; provided that this number shall be understood as including persons admitted to the United States during FY 2015 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below.

The admissions numbers shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations; provided that the number of admissions allocated to the East Asia region shall include persons admitted to the United States during FY 2015 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as contained in section 101(e) of Public Law 100-202 (Amerasian immigrants and their family members):

Africa
17,000East Asia
13,000Europe and Central Asia
1,000Latin America and Caribbean
4,000Near East and South Asia
33,000Unallocated Reserve
2,000


The 2,000 unallocated refugee numbers shall be allocated to regional ceilings, as needed. Upon providing notification to the Judiciary Committees of the Congress, you are hereby authorized to use unallocated admissions in regions where the need for additional admissions arises.

Additionally, upon notification to the Judiciary Committees of the Congress, you are further authorized to transfer unused admissions allocated to a particular region to one or more other regions, if there is a need for greater admissions for the region or regions to which the admissions are being transferred. Consistent with section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose.

Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)), and after appropriate consultation with the Congress, I also specify that, for FY 2015, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence:

a. Persons in Cuba

b. Persons in Eurasia and the Baltics
                    ( print page 69754)

c. Persons in Iraq

d. Persons in Honduras, Guatemala, and El Salvador

e. In exceptional circumstances, persons identified by a United States Embassy in any location

You are authorized and directed to publish this determination in the 
                    *Federal Register*.



[FR Doc. 2014-27860 Billing code 4710-10
Exhibit
32.2


CERTIFICATION


Pursuant
to 18 U.S.C. §1350, the undersigned officer of ING Life Insurance and Annuity
Company (the “Company”) hereby certifies that, to the officer’s knowledge, the
Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2010
(the “Report”) fully complies with the requirements of Section 13 or 15(d), as
applicable, of the Securities Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.
 
 
 
 August 6, 2010
              
              By: /s/
              Catherine H. Smith(Date)
              
              
              Catherine H. Smith
                President
<PAGE>   1
                                                                    EXHIBIT 11.1

                       COMPUTATION OF PER SHARE EARNINGS



<TABLE>
<CAPTION>
                                                                      Three months ended
                                                                           March 31,
                                                                      -------------------
                                                                       1998        1997
                                                                      -------     -------
<S>                                                                    <C>          <C>  
 Basic

      Average shares outstanding ................................      10,308       7,000
                                                                      -------     -------

      Total .....................................................      10,308       7,000

      Net income (loss) .........................................     $ 2,319     $(3,495)
                                                                      =======     =======

      Per share amount ..........................................     $   .22     $  (.50)
                                                                      =======     =======

 Diluted

      Average shares outstanding ................................      10,308       7,000

      Net effect of dilutive stock options based on the
         treasury stock method using the average market price ...       1,413        --
                                                                      -------     -------

      Total .....................................................      11,721       7,000
                                                                      =======     =======

      Net income (loss) .........................................     $ 2,319     $(3,495)
                                                                      =======     =======

      Per share amount ..........................................     $   .20     $  (.50)
                                                                      =======     =======
 </TABLE>
<PAGE>   1

                                                                      EXHIBIT 11

                         EARNINGS PER SHARE COMPUTATIONS
                      (IN THOUSANDS EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                   THREE MONTH PERIOD
                                                    ENDED  MARCH 31,
                                                  2001            2000
                                                --------        --------

<S>                                             <C>             <C>
EARNINGS PER COMMON AND DILUTIVE
  POTENTIAL COMMON SHARE:
  Net Income                                    $  8,625        $  5,355
                                                ========        ========

  Shares:
  Weighted average number of common
      shares outstanding - Basic                  26,825          26,796
  Effect of dilutive securities (a):
      Stock options                                   58             299
                                                --------        --------
  Adjusted common shares - Diluted                26,883          27,095
                                                ========        ========

EARNINGS PER SHARE - DILUTED                    $   0.32        $   0.20
                                                ========        ========
</TABLE>

(a)      Shares issuable were derived using the "Treasury Stock Method" for all
         dilutive potential shares.
Exhibit 31

                            Section 302 Certification

I, Douglas K. Johnson, certify that:

1.   I have reviewed this annual report on Form 10-K, and all reports on Form
     8-K containing distribution or servicing reports filed in respect of period
     included in the year covered by this annual report, of Allstate Life Global
     Funding Trust 2004-2;

2.   Based on my knowledge, the information in these reports, taken as a whole,
     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 as of
     the last day of the period covered by this annual report;

3.   Based on my knowledge, the distribution or servicing information required
     to be provided to the depositor by the trustee under the pooling and
     servicing, or similar agreement, for inclusion in these reports is included
     in these reports;

4.   I am responsible for reviewing the activities performed by the depositor
     and the trustee under the pooling and servicing, or similar agreement, and
     based upon my knowledge and the annual compliance review required under
     that agreement, and except as disclosed in the reports, the depositor and
     trustee have each fulfilled its obligations under that agreement; and

5.   The reports disclose all significant deficiencies relating to the
     compliance by the trustee and the depositor with the minimum servicing or
     similar standards based upon the report provided by an independent public
     accountant, after conducting a review in compliance with the Uniform Single
     Attestation Program for Mortgage Bankers or similar procedures, as set
     forth in the pooling and servicing, or similar agreements, that is included
     in these reports.

In giving the  certifications  above,  I have  reasonably  relied on information
provided to me by the following  unaffiliated  parties:  Allstate Life Insurance
Company and J.P. Morgan Trust Company, National Association and their respective
officers and agents

Date:    March 30, 2005

By:      /s/ Douglas K. Johnson
         -----------------------------------
         Name:  Douglas K. Johnson
         Title: President
<PAGE>   1
                                                                     EXHIBIT 4.2


                            CERTIFICATE OF AMENDMENT

                                       OF

                      RESTATED CERTIFICATE OF INCORPORATION


                                    * * * * *


         Newmont Mining Corporation, a corporation organized and existing under
and by virtue of the General Corporation Law of the State of Delaware, DOES
HEREBY CERTIFY:

         FIRST: That at a meeting of the Board of Directors of Newmont Mining
Corporation resolutions were duly adopted approving an amendment to the Restated
Certificate of Incorporation of said corporation (the "Amendment") and
authorizing its submission to the stockholders of said corporation for their
approval. The resolution approving the Amendment is as follows:

         "RESOLVED, that Article FOURTH of the Restated Certificate of
         Incorporation of the Corporation be amended (the "Amendment") to delete
         the first paragraph thereof in its entirety and insert the following in
         lieu thereof:

                           FOURTH: The total number of shares of all classes of
                  stock which the Corporation shall have authority to issue is
                  255,000,000, of which 5,000,000 shares shall be preferred
                  stock (hereinafter called "Preferred Stock") of the par value
                  of $5.00 per share and 250,000,000 shares shall be common
                  stock (hereinafter called "Common Stock") of the par value of
                  $1.60 per share."

          SECOND: That thereafter, pursuant to a resolution of its Board of
Directors, an annual meeting of the stockholders of said corporation was duly
called and held, upon notice in accordance with Section 222 of the General
Corporation Law of the State of Delaware, at which meeting the necessary number
of shares as required by statute were voted in favor of the Amendment.

<PAGE>   2

          THIRD:  That said  amendment  was duly adopted in  accordance  with 
the  provisions of Section 242 of the General Corporation Law of the State of 
Delaware.

          FOURTH: That this Certificate of Amendment of the Restated Certificate
of Incorporation shall be effective at 3:30 p.m., eastern daylight savings time,
on May 5, 1997.
   
       IN WITNESS WHEREOF, said Newmont Mining Corporation has caused this
certificate to be signed by Wayne W. Murdy, its Executive Vice President, this
5th day of May, 1997.

                                                   NEWMONT MINING CORPORATION



                                                   By:  /s/ Wayne W. Murdy
                                                        ---------------------
                                                        Wayne W. Murdy
                                                        Executive Vice President

Attest:



By:   /s/ Timothy J. Schmitt
      ------------------------
      Timothy J. Schmitt
      Secretary





                                      -2-
**EXHIBIT
      32.1**




**Certification
      Pursuant to**


**18
      U.S.C. Section 1350, as Adopted Pursuant to**


**Section
      906 of the Sarbanes-Oxley Act of 2002**




In
      connection with the Quarterly Report on Form 10-Q of AHPC Holdings, Inc. (the
      "Company") for the quarter ended December 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), Alan E. Zeffer,
      as
      Chief Executive Officer of the Company, and Deborah J. Bills, as Chief Financial
      Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      that:




(1) The
      Report fully complies with the requirements of Section 13(a) 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.




/s/
      Alan E.
      Zeffer


Name:  Alan
      E.
      Zeffer


Title:  Chief
      Executive Officer


Date:  February
      20, 2007




/s/
      Deborah J.
      Bills


Name:  Deborah
      J. Bills


Title:  Chief
      Financial Officer


Date:  February
      20, 2007




This
      certification is made solely for purposes of 18 U.S.C. Section 1350, subject
      to
      the knowledge standard contained therein, and not for any other
      purpose.
10717.

#### Cooper *v.*The State.

Decided November 6, 1919.

Luke, ,T.

Grounds of a motion for a new trial which are not approved by the trial court can not he considered by this court.

*(a)*There is no substantial merit in any of the special grounds of motion for a new trial which have the approval of the trial judge

2. The evidence authorized the verdict, which has the approval of the trial judge, and it was not error to overrule the motion for a new trial.

*Judgment affirmed.*

*Broyles, O. J., and Bloodwortíi, J., concur.*

*377Indictment for burglary; from Bibb superior court—Judge Mathews. May *24,*1919.

*Sidney W. Hatcher,*for plaintiff in error.

*John P. Boss, solicitor-general,*contra.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4348 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4348

   To amend the Federal Credit Union Act to allow greater access to 
       international remittance services, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2004

   Mr. Baca introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Credit Union Act to allow greater access to 
       international remittance services, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Services for All Act''.

SEC. 2. FEDERAL CREDIT UNION AMENDMENT.

    Paragraph (12) of section 107 of the Federal Credit Union Act is 
amended to read as follows:
            ``(12) in accordance with regulations prescribed by the 
        Board--
                    ``(A) to sell or provide for a fee negotiable 
                checks (including travelers checks), money orders, 
                international money transmitting or transfer services, 
                and other similar money transfer instruments and 
                services (including electronic fund transfers); and
                    ``(B) to cash checks and money orders and receive 
                electronic fund transfers for a fee;''.
                                 <all>
```