alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STODDARD v. MORRIN et al.

No. C. A. 14781.

United States District Court for the District of Columbia.

April 2, 1942.

*376John G. Stoddard of Herndon, Va., plaintiff in pro. per.

Martin F. O'Donoghue, of Washington, D. C., Harold Stern, of New York City, and Thomas X. Dunn, of Washington, D. C for defendants.

BAILEY, Justice.

Certain of the defendants have moved to dismiss the complaint upon the grounds:

1. That the complaint fails to state a cause of action; 2, that the same claim has been adjudicated in another action brought in this court; and 3, that in the same action judgment was entered in favor of the defendants. An affidavit supporting these facts has been filed as a part of the motion.

The question to be determined as to the 2nd and 3rd grounds of the motion is whether a motion to dismiss based on grounds not appearing on the complaint will lie. Rule 12(b) of the Rules of Civil Procedure, 28 U.S.C.A., provides that six classes of defenses may be made by motion. None of the first five of these involve the question here presented. The sixth ground upon which a motion may be based is: “failure to state a claim upon which relief can be granted.” Some courts have held that although nothing may appear on the face of the complaint which shows that the cause of action is barred by res judicata, that fact may be shown by affidavit and upon that being done a motion to dismiss will lie. I do not agree with this view. A complaint may state a claim upon which relief can be granted. If it does not a motion to dismiss will lie. To hold otherwise would permit any defense to be raised by affidavit as a basis for a motion. I do think that if a complaint shows on its face that the cause of action is barred by laches or the statute of limitations a motion to dismiss will lie, and this is in accordance with the practice under the old equity rules, but the present rules in my opinion require that the defense of res judicata should be raised “in the responsive pleading.”

The motion to dismiss should be overruled.
II 

111TH CONGRESS 

1ST SESSION S. 249 

To amend the Internal Revenue Code of 1986 to qualify formerly homeless 

youth who are students for purposes of low income housing tax credit. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 14, 2009 

Ms. STABENOW (for herself, Mr. SCHUMER, and Mrs. MURRAY) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to qualify 

formerly homeless youth who are students for purposes 

of low income housing tax credit. 

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

3 SECTION 1. FORMERLY HOMELESS YOUTH WHO ARE STU4 DENTS QUALIFIED FOR PURPOSES OF LOW 

5 INCOME HOUSING TAX CREDIT. 

6 (a) IN GENERAL.—Clause (i) of section 42(i)(3)(D) 

7 of the Internal Revenue Code of 1986 is amended by re8 designating subclauses (II) and (III) as subclauses (III) 

9 and (IV), respectively, and by inserting after subclause (I) 

10 the following new subclause: 


wwoods2 on PRODPC68 with BILLS
2 

•S 249 IS

1 ‘‘(II) a student who previously 

2 was a homeless child or youth (as de3 fined by section 725 of the McKinney4 Vento Homeless Assistance Act (42 

5 U.S.C. 11434a)),’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 subsection (a) shall apply to determinations made before, 

8 on, or after the date of the enactment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS
No. 523.

#### Weber *v.*United States.

Argued March 9, 1942.

Decided March 30, 1942.

*Mr. Archibald Cox,*with whom *Solicitor General Fahy*and *Mr. W. Marvin Smith*were on the brief, for the United States. *Messrs. A. L. Wirin*and *Arthur Garfield Hays*submitted for petitioner. *Mr. Allen W. Ashburn*filed a brief, as *amicus curiae,*urging affirmance.

*Per Curiam:*

The judgment is affirmed by an equally divided Court. Mr. Justice Jackson took no part in the consideration or decision of this case.
II 

111TH CONGRESS 

1ST SESSION S. 2629 

To extend temporarily the suspension of duty on porcelain lamp-holder 

housings containing sockets. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2009 

Mr. SCHUMER (for himself and Mrs. GILLIBRAND) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on porcelain 

lamp-holder housings containing sockets. 

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

3 SECTION 1. PORCELAIN LAMP-HOLDER HOUSINGS CON4 TAINING SOCKETS. 

5 (a) IN GENERAL.—Heading 9902.23.30 of the Har6 monized Tariff Schedule of the United States (relating to 

7 porcelain lamp-holder housings containing sockets) is 

8 amended by striking ‘‘12/31/2009’’ and inserting ‘‘12/31/ 

9 2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2629 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 112 Agreed to Senate (ATS)]

109th CONGRESS
  2d Session
S. CON. RES. 112

 Relating to correcting a clerical error in the enrollment of S. 3693.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2006

   Mr. Reid submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Relating to correcting a clerical error in the enrollment of S. 3693.

    Resolved by the Senate (the House of Representatives concurring), 
That in the enrollment of the bill, S. 3693, the Secretary of the 
Senate shall insert ``or reentries'' after ``States, reentry'' in 
section 212(a)(9)(C)(iii)(II) of the Immigration and Nationality Act, 
as added by section 6(b)(1)(C) of the bill.
                                 <all>
```
[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Page 4307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1292]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Forms and Publications Issue Committee of the 
Taxpayer Advocacy Panel

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the IRS Forms and Publications Issue 
Committee of the Taxpayer Advocacy Panel will be conducted. The 
Taxpayer Advocacy Panel is soliciting public comments, ideas and 
suggestions on improving customer service at the Internal Revenue 
Service.

DATES: The meeting will be held Wednesday, March 4, 2009.

FOR FURTHER INFORMATION CONTACT: Marianne Ayala at 1-888-912-1227 or 
954-423-7978.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the IRS Forms and Publications Issue Committee 
of the Taxpayer Advocacy Panel will be held Wednesday, March 4, 2009, 
at Noon, Eastern Time. If you would like to have the TAP consider a 
written statement, please call 1-888-912-1227 or 954-423-7978, or write 
Marianne Ayala, TAP Office, 1000 South Pine Island Road, Suite 340, 
Plantation, FL 33324. Ms. Ayala can be reached at 1-888-912-1227 or 
954-423-7978, or you can post comments to the Web site: http://www.improveirs.org.
    The agenda will include: Various IRS issues.

    Dated: January 13, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
 [FR Doc. E9-1292 Filed 1-22-09; 8:45 am]
BILLING CODE 4830-01-P
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2523 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2523

     To suspend temporarily the duty on certain electric cooktops.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2009

  Mr. Corker (for himself and Mr. Alexander) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To suspend temporarily the duty on certain electric cooktops.

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

SECTION 1. CERTAIN ELECTRIC COOKTOPS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Electric cooktops   Free         No change        No change        On or before 12/ ''.
                          each measuring                                                     31/2011.......
                          approximately 66
                          cm or more but
                          not over 91.44 cm
                          in width,
                          weighing
                          approximately
                          10.3 kg or more
                          but not more than
                          20.9 kg, having
                          either a coil
                          electric cooking
                          element or smooth
                          cooking surface
                          with incorporated
                          element with
                          either 4 or 5
                          burners (provided
                          for in subheading
                          8516.60.60)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>

 <ARTICLE> 5
 <LEGEND>
 This Schedule contains summary financial
 information extracted from the financial
 statements contained in the body of the
 accompanying Form 10-K and is qualified in its
 entirety by reference to such financial
 statements.
 </LEGEND>
 <MULTIPLIER>                  1,000

 <S>                           <C>
 <CIK>                         0000891983
 <NAME>                        Muzak Limited Partnership
 <PERIOD-TYPE>                 YEAR
 <FISCAL-YEAR-END>             DEC-31-1996
 <PERIOD-END>                  DEC-31-1996
 <CASH>                        25,686
 <SECURITIES>                  0
 <RECEIVABLES>                 16,096
 <ALLOWANCES>                  496
 <INVENTORY>                   3,722
 <CURRENT-ASSETS>              46,966
 <PP&E>                        67,191
 <DEPRECIATION>                30,009
 <TOTAL-ASSETS>                119,042
 <CURRENT-LIABILITIES>         18,774
 <BONDS>                       100,620
 <PREFERRED-MANDATORY>         0
 <PREFERRED>                   0
 <COMMON>                      0
 <OTHER-SE>                    0
 <TOTAL-LIABILITY-AND-EQUITY>  119,042
 <SALES>                       86,811
 <TOTAL-REVENUES>              86,811
 <CGS>                         11,557
 <TOTAL-COSTS>                 37,026
 <OTHER-EXPENSES>              51,874
 <LOSS-PROVISION>              472
 <INTEREST-EXPENSE>            8,112
 <INCOME-PRETAX>               (10,201)
 <INCOME-TAX>                  0
 <INCOME-CONTINUING>           (10,201)
 <DISCONTINUED>                0
 <EXTRAORDINARY>               (622)
 <CHANGES>                     0
 <NET-INCOME>                  (10,823)
 <EPS-PRIMARY>                 0
 <EPS-DILUTED>                 0


</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2560 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2560

       To extend the temporary suspension of duty on 2-methyl-4-
                       chlorophenoxyacetic acid.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2009

  Mr. Burris introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
       To extend the temporary suspension of duty on 2-methyl-4-
                       chlorophenoxyacetic acid.

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

SECTION 1. 2-METHYL-4-CHLOROPHENOXYACETIC ACID.

    (a) In General.--Heading 9902.13.60 of the Harmonized Tariff 
Schedule of the United States (relating to 2-methyl-4-
chlorophenoxyacetic acid) is amended by striking the date in the 
effective period column and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2482 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2482

     To extend the temporary suspension of duty on sulfur black 1.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Graham introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To extend the temporary suspension of duty on sulfur black 1.

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

SECTION 1. SULFUR BLACK 1.

    (a) In General.--Heading 9902.03.03 of the Harmonized Tariff 
Schedule of the United States (relating to sulfur black 1) is amended 
by striking ``12/31/2009'' and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
#### Wendt v. Thomas

Case below: 174 N.C. App. 368

No. 486A06

Pit-Appellant’s NOA (Constitutional Question) (COA04-1651)

Dismissed *ex mero mo tu*03/08/07
Exhibit 11.1

                 STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
<TABLE>
<CAPTION>
                                                                                Three Months Ended March 31,
                                                                                     1999                   1998

                                                                                ----------------       ---------------
<S>                                                                             <C>                    <C>

Net income (loss)                                                                     $ 140,110         $ (3,197,425)
   Less: preferred stock dividends                                                      (59,968)             -
                                                                                ----------------       ---------------

Net income (loss) applicable to common stock                                           $ 80,142         $ (3,197,425)
                                                                                ================       ===============

Basic:

      Weighted average number of common shares outstanding                           28,685,000            28,660,000
                                                                                ================       ===============
       Basic net income (loss) per common share                                           $ .00                $ (.11)
                                                                                ================       ===============

Diluted:                                                                                                
       Weighted average number of common shares outstanding                          28,685,000            28,660,000
       Weighted average number of dilutive common equivalents                           300,000              -
                                                                                ----------------       ---------------
       Weighted average number of common and common
          equivalent shares outstanding                                              28,985,000            28,660,000
                                                                                ================       ===============
       Diluted net income (loss) per common share                                         $ .00                 $(.11)
                                                                               ================       ===============
</TABLE>
IN THE SUPREME COURT OF THE STATE OF DELAWARE

KAREN M. MOORE,

Defendant Below,

Appellant,

v.

STATE OF DELAWARE,

Appellee.

§

§ 

§ No. 73, 2022

§

§ Court Below—Superior Court

§ of the State of Delaware

§ 

§ Cr. ID No. 20060112508 (K)

§

§

§

Submitted: September 30, 2022

 Decided: October 11, 2022

Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices.

ORDER

Upon consideration of the opening brief, the motion to remand, and the 

response, it appears to the Court that:

(1) The appellant, Karen M. Moore, filed this appeal from her October 

2021 convictions for aggravated menacing. The convictions arose from a verbal 

confrontation between Moore and her neighbors. In her opening brief, Moore argues

that the Superior Court erred by: (i) declining to give the jury instruction she 

requested under 11 Del. C. § 466 for the defense of justification; and (ii) permitting 

the State to introduce evidence that a firearm Moore surrendered to the authorities

was loaded.
2

(2) Instead of filing an answering brief, the State filed a motion to remand.

The State laudably concedes that under the facts of this case the Superior Court erred 

in declining Moore’s request for a jury instruction under Section 466. The State asks 

that Moore’s October 2021 convictions for aggravated menacing be vacated and this 

matter remanded to the Superior Court for a new trial. Moore does not oppose the 

motion.

(3) The Court agrees that the proper course of action is to vacate Moore’s 

October 2021 convictions for aggravated menacing and to remand this matter to the 

Superior Court for a new trial. 

NOW, THEREFORE, IT IS ORDERED that Moore’s October 2021

convictions for aggravated menacing are VACATED. This matter is REMANDED 

to the Superior Court for a new trial. Jurisdiction is not retained. 

BY THE COURT:

/s/ Karen L. Valihura

Justice
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 6, 2016

jam 

# Order

Clerk January 6, 2016

1 52892 ( 22 )

MARCUS A HARVEY

- BEY

,

P laintiff

- Appellant,

v SC: 1 52892

COA: 328904

CENTRAL MICHIGAN CORRECTIONAL

FACILITY WARDEN

,

Defendant

- Appellee.

___________________________________

On order of the Chief Justice, the motion to waive fees is considered and it

is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be

liable for filing fees.

Within 21 days of the certification of this order, plaintiff shall p ay to the

Clerk of the Court the initial partial filing fee of $ 15 .00, shall submit a copy of this order

with the payment, and shall refile the copy of the pleadings which is being returned

with this order. Failure to comply with this order shall result in the appeal not being

filed in this Court.

If plaintiff timely files the partial fee and refiles the pleadings, monthly

payments shall be made to the Department of Corrections in an amount of 50 percent of

the deposits made to plaintiff’s account until the payments equal the balance due of

$36 0 .00. This amount shall then be remitted to this Court.

Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals in civil

actions in this Court until the entry fee in this case is paid in full.

The Clerk of the Court shall furnish two copies of this order to plaintiff and

return plaintiff’s pleadings with this order.
**EXHIBIT
32.1**
   **Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002**
   In
connection with the annual report of Nano-Proprietary, Inc. (the “Company”) on
Form 10-K for the year ended December 31, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Marc W. Eller, the
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:
  1. 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 this Report fairly presents, in all material respects,
the financial conditions and results of operations of the Company.
  Date:
      March 7, 2005
    /s/
      Marc W. Eller
      
      Marc
      W. Eller
      Chairman
      and Chief Executive Officer