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

No. 4810.

District Court, W. D. Missouri, W. D.

Oct. 2, 1947.

C. A. Randolph, of Kansas City, Mo., for plaintiff.

Milligan, Kimberly & Deacy, of Kansas City, Mo., for defendant.

REEVES, District Judge.

The motion for a more definite statement or for a bill of particulars seeks further details concerning a cable or guy wire stretching from the top of a manufactory over a spur track of the plaintiff and anchored to a tree located some 40 or 50 feet beyond said spur track. It is alleged that the said guy wire was permitted to become slack and sagged so that plaintiff was injured in the performance of his duties on one of the cars operated by plaintiff passing under said guy wire or cable.

In substance the defendant said that the plaintiff knew about the sagging condition of said guy wire and had failed either to maintain it or to cause it to be maintained in a taut position and therefore fend against this accident.

The first two. paragraphs of the motion appertain to this matter. The third and fourth paragraphs relate to injuries and hospitalization and greater detail is sought concerning these matters.

1. As a rule a motion for a more definite statement is the exact equivalent of the motion for a bill of particulars. In cases of ambiguity and doubt as to the meaning of an averment this is not true. In the instant case the defendant uses the motion for a more definite statement or for a bill of particulars as equivalents, which they are. In other words, the motion for a more definite statement is really a motion for a bill of particulars.

Under the New Federal Rules of Civil Procedure, as amended, 28 U.S.C.A. following section 723c, which amendment will become effective April 2, 1948, the motion for a bill of particulars will then be abolished. Heretofore the courts have, in effect, nullified such a motion for the reason that it is at variance with Rule 8 relating to the subject of brevity in pleadings.

2. Moreover, the information sought can easily be obtained by request for admissions. This applies particularly to the hospital bills and the bodily functions it is claimed were affected by reason of the injury.

On the question as to who owned and maintained the guy wire or cable it *455seems obvious that it was constructed and maintained by the factory served by the defendant. It knows about this matter and therefore the plaintiff could furnish no information.

In view of the above, the motion should be overruled and it will be so ordered.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                                            <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              Jun-30-1997
<PERIOD-START>                                 Jul-01-1996
<PERIOD-END>                                   Jun-30-1997
<CASH>                                              26,257
<SECURITIES>                                             0
<RECEIVABLES>                                      126,286
<ALLOWANCES>                                         2,525
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   157,305
<PP&E>                                             129,392
<DEPRECIATION>                                      92,347
<TOTAL-ASSETS>                                     331,778
<CURRENT-LIABILITIES>                              135,998
<BONDS>                                            111,543
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            18,130
<OTHER-SE>                                          65,756
<TOTAL-LIABILITY-AND-EQUITY>                       331,778
<SALES>                                                  0
<TOTAL-REVENUES>                                   510,998
<CGS>                                              431,137
<TOTAL-COSTS>                                      502,826
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   1,506
<INCOME-PRETAX>                                      1,954
<INCOME-TAX>                                           889
<INCOME-CONTINUING>                                  1,605
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           898
<EPS-PRIMARY>                                          .05
<EPS-DILUTED>                                            0
        


</TABLE>
[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54882-54883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25479]


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

DEPARTMENT OF VETERANS AFFAIRS


Research Advisory Committee on Gulf War Veterans' Illnesses; 
Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 (Federal Advisory Committee Act) that the Research Advisory 
Committee on Gulf War Veterans' Illnesses will meet on November 2-3, 
2009, in Room 230 at the Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC. The sessions will start at 8 a.m. each day 
and end at 5:15 p.m. on November 2 and at 1 p.m. on November 3. The 
meeting is open to the public.

[[Page 54883]]

    The purpose of the Committee is to provide advice and make 
recommendations to the Secretary of Veterans Affairs on proposed 
research studies, research plans and research strategies relating to 
the health consequences of military service in the Southwest Asia 
theater of operations during the Gulf War.
    The Committee will review VA program activities related to Gulf War 
Veterans' illnesses and updates on relevant scientific research 
published since the last Committee meeting. Additionally, there will be 
presentations and discussion of background information on the Gulf War 
and Gulf War Veterans' illnesses, chronic health effects of exposures 
to insecticides and pesticides, potential treatments for fibromyalgia 
and symptoms affecting ill Gulf War Veterans, and discussion of 
Committee business and activities.
    Public comments will be received at 4:45 until 5:15 p.m. on 
November 2 and at 12:30 until 1 p.m. on November 3. Public comments 
will be limited to five minutes each. A sign-up sheet will be available 
at the meeting. Individuals wishing to make oral statements before the 
Committee will be accommodated on a first-come, first-serve basis. 
Individuals who speak are invited to submit a 1- to 2-page summary of 
their comments at the time of the meeting for inclusion in the official 
meeting record. Members of the public may also submit written 
statements for the Committee's review to Dr. Roberta White, Chair, 
Department of Environmental Health, Boston University School of Public 
Health, 715 Albany St., T2E, Boston, MA 02118, or at <a href="/cdn-cgi/l/email-protection#dcaeabb4b5a8b99cbea9f2b9b8a9"><span class="__cf_email__" data-cfemail="bccecbd4d5c8d9fcdec992d9d8c9">[email protected]</span></a>.
    Any member of the public seeking additional information should 
contact Dr. White, Scientific Director, at (617) 638-4620 or Dr. 
William Goldberg, Designated Federal Officer, at (202) 461-1667.

    Dated: October 19, 2009.

    By direction of the Secretary.
Vivian Drake,
Acting Committee Management Officer.
[FR Doc. E9-25479 Filed 10-22-09; 8:45 am]
BILLING CODE 8320-01-P


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#### Adrienne Raville, Respondent, v Salah Elnomany, Appellant.

Decided January 18, 2011

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2701 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2701

To extend the temporary suspension of duty on Phosphinic acid, diethyl-
       , aluminum salt with synergists and encapsulating agents.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2009

  Mr. Reed (for himself and Mr. Whitehouse) 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 Phosphinic acid, diethyl-
       , aluminum salt with synergists and encapsulating agents.

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

SECTION 1. PHOSPHINIC ACID, DIETHYL-, ALUMINUM SALT WITH SYNERGISTS AND 
              ENCAPSULATING AGENTS.

    (a) In General.--Heading 9902.22.43 of the Harmonized Tariff 
Schedule of the United States (relating to Phosphinic acid, diethyl-, 
aluminum salt with synergists and encapsulating agents) 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>
```
EXHIBIT 32.2

                            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 filing of Amendment No. 2 to the Annual Report of
LanOptics Ltd. (the "Company") on Form 20-F/A for the period ending December 31,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Dror Israel, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


/S/ Dror Israel*
----------------
Dror Israel
Chief Financial Officer

December 22, 2004


     * The originally executed copy of this Certification will be maintained at
the Company's offices and will be made available for inspection upon request.
Exhibit 99.34





CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)





In
connection with the accompanying Annual Report of Credence Systems Corporation (the Company), on Form 10-K for the year ended October 31, 2002 as filed with the Securities and Exchange Commission (the Report), I, Graham J.
Siddall, Chairman of the Board and Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to my knowledge:





(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 the Report fairly presents, in all material respects, the financial condition and results of operations
of the Company.








/s/    GRAHAM J. SIDDALL


---

Graham J. Siddall


Chairman of the Board
and


Chief Executive Officer








January 28, 2003
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-QSB of Bio-Imaging Technologies, Inc. (the Company) for the quarter ended September 30,
2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Mark L. Weinstein, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
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 the Report fairly presents, in all material respects, the financial condition and results of operations of Bio-Imaging Technologies, Inc.



|                         |  | /s/ Mark L. Weinstein*                
|------------------------ |  | --------------------------------------
|Dated: November 14, 2003 |  | Mark L. Weinstein, President and Chief
|                         |  | Executive Officer                     
|                         |  | (Principal Executive Officer)         

---

|* | A signed original of this written statement required by Section 906 has been provided to us and will be retained by us and furnished to the Securities and Exchange Commission or its
staff upon request.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS AS OF AND FOR THE THREE MONTHS ENDED MARCH 31,
1999 (UNAUDITED) AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  13,432
<CURRENT-LIABILITIES>                           13,253
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           179
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                       179
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
<PAGE>   1
                                                                   EXHIBIT 10.33


              AMENDMENT NO. 1 TO FULL SERVICE MANAGEMENT AGREEMENT


         This Amendment No. 1 to the Full Service Management Agreement (the
"Amendment") is entered into effective September 1, 1996 by and between Ping S.
Chu, M. D.  an individual residing in Houston, Texas ("Chu") and Doctors
Practice Management, Inc., a Texas corporation ("DPMI").

                                  WITNESSETH:

         WHEREAS, Chu and DPMI desire to amend the Full Service Management
Agreement dated March 1, 1996 (the "Management Agreement"); and

         WHEREAS, Chu and DPMI, following the execution and effectiveness of
this Amendment, desire to continue the Management Agreement in full force and
effect without further amendment thereto;

         NOW, THEREFORE, for and in consideration of the premises and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:

         1.      AMENDMENT.  The parties hereto hereby agree that Section 5.1
of the Management Agreement is hereby amended to reduce the management fee from
40% of collections to 35% of collections.

         2.      ENTIRE AGREEMENT; NO FURTHER AMENDMENTS.  The parties hereto
acknowledge and agree  that this Amendment and the Management Agreement
represent the entire agreement of the parties with respect to the subject
matter thereof and that there exists no other agreements or understandings
between the parties with respect to the subject matter thereof.  The Management
Agreement may not be further amended without the written consent of both
parties thereto.

         IN WITNESS WHEREOF, the parties hereto have entered into this
Amendment effective as of September 1, 1996.

                                           DOCTORS PRACTICE MANAGEMENT, INC.


                                           By: /s/  Philip Chan             
                                              --------------------------------
                                               PHILIP CHAN, VICE PRESIDENT


                                           PING S. CHU, M.D., INDIVIDUALLY


                                           By: /s/  Ping S. Chu             
                                              --------------------------------
                                               PING S. CHU, M.D.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 3, 2009. 

**A. Federal Reserve Bank of Chicago**                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

*1. Roger and Mary Angela Baker, Cedar Rapids, Iowa, individually as husband and wife, and as a group acting in concert with Bruce and Janice Anderson, Marion, Iowa; The Elizabeth K. Dummermuth Revocable Trust, Elizabeth K. Dummermuth, Trustee, Cedar Rapids, Iowa; Kay S. Hill; Kent M. Hill; Brian C. and Molly E. Scott; Thomas C. and Clare L. Slattery; and Monica W. Vernon, all of Cedar Rapids, Iowa;*                     to acquire control of City State Bancorporation, Inc., Central City, Iowa, and thereby indirectly control of M.S.B. Corporation and City State Bank, both of Central City, Iowa.                

Board of Governors of the Federal Reserve System, October 16, 2009.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E9-25308 Filed 10-20-09; 8:45 am]

BILLING CODE 6210-01-S
# Cargo Letdown SMS

&P	

# Risk Assessment Matrix
3:



The Board of Directors
Prime Receivables Corporation:

We have applied certain agreed-upon procedures, as discussed below, to the accounting records of Prime Receivables Corporation ("Prime"), a wholly-owned special-purpose finance subsidiary of Federated Department Stores, Inc.
("Federated"), relating to the servicing procedures performed by FDS Bank, as Servicer, under the Amended and Restated Pooling and Servicing Agreement (the "Agreement") dated December 15, 1992 between Prime, as Transferor, Federated
and The Chase Manhattan Bank, successor to Chemical Bank, as Trustee, on behalf of the Certificateholders of Prime Credit Card Master Trust and under the Assumption Agreement dated September 15, 1993 between Prime, Federated, FDS Bank and The Chase
Manhattan Bank, successor to Chemical Bank. This agreed-upon procedures engagement was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the
responsibility of the specified users of the report. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Our
procedures and findings are as follows:

In accordance with section 3.06(b) of the Agreement, we recalculated each amount set forth in items (i) through (xvii) of each monthly certificate prepared by the Servicer, pursuant to section 3.04(c) of the Agreement, during the
period from January 29, 2000 to February 3, 2001, (the "Certificates) from information in the Transferor's computer generated Daily Cash Allocation Reports, the Agreement, the Series 1992-3 Supplement to the Agreement dated December 31, 1992, the Series
1995-1 Supplement to the Agreement dated July 27, 1995, the Series 1996-1 Supplement to the Agreement dated May 14, 1996, or the Series 2000-1 Supplement to the Agreement dated December 7, 2000, as appropriate. We found such recalculated amounts to be in
agreement with the amounts set forth in items (i) through (xvii) of the Certificates.

We were not engaged to, and did not, perform an examination, the objective of which would be the expression of an opinion on management's assertion. Accordingly, we do not express such an opinion. Had we performed additional
procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for your information and is not to be referred to or distributed for any purpose to anyone other than The Chase Manhattan Bank, as Trustee, Moody's Investor Services, Inc. and Standard and Poor's
Corporation, as the Rating Agencies, Investor Certificateholders or the management of Prime.



Cincinnati, Ohio
April 13, 2001