alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SHONTZ v. TORREY.

No. 5397.

United States District Court W. D. Missouri, W. D.

Dec. 30, 1948.

Douglas Stripp and Watson, Ess, Barnett, Whittaker & Marshall, all of Kansas City, Mo., for plaintiff.

Blackmar, Newkirk, Eager, Swanson & Midgley, of Kansas City, Mo., for defendant.

REEVES, Chief Judge.

The motion for a more definite statement is directed against the averments of the complaint to the effect that the defendant through its agent and servant “negligently drove a motor truck into collision with plaintiff’s automobile * * It is the contention of the defendant that a more definite statement of this averment is necessary to “enable defendant properly to prepare a responsive pleading or prepare for trial.”

The Amended Rules of Civil Procedure, 28 U.S.C.A., have eliminated from Rule 12 (e) the original provision and language, “to enable him properly to prepare his responsive pleading or to prepare for trial.” Moreover, the Appendix of Forms appended to the New Rules of Civil Procedure in the Federal Courts illustrates what aver-ments should be made in negligence cases. Form 9 of the Appendix contains this recital :

> “Defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway * *

> The District Court for the Eastern District of Tennessee in Wild v. Knudsen, 1 F.R.D. 646, loc. cit. 647, said in a negligence case, “It is my judgment that due regard should be given to Rule 8(a) and Rule 10, with consideration for Rule 84, and that the complaint should be in substantially the form provided in the Appendix of Forms to the Rules in Official Form 9.”

Judge Lovett, of the So. District of Georgia, in Watson v. World of Mirth Shows, D.C., 4 F.R.D. 31, 32, on a somewhat similar motion, said:

> *577“According to the illustrative form of a Complaint for Negligence, 28 U.S.C.A. following section 723c, Appendix of Forms, Form 9, it is only necessary to allege that defendant acted negligently and as a result the plaintiff was injured.”

These decisions are substantially in accord with the universal rulings of the district courts and as specifically approved by Rule 84.

It follows that the motion should be overruled. It may be suggested that the defendant can obtain all of the information sought by interrogatories, or by depositions, or a request for admissions.
```

[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26390-26391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12736]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

May 27, 2009.
    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP00-426-047.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits First Revised 
Sheet 88 et al. to its FERC Gas Tariff, Third Revised Volume 1, to be 
effective 5/15/09.
    Filed Date: 05/15/2009.
    Accession Number: 20090518-0112.
    Comment Date: 5 p.m. Eastern Time on Monday, June 1, 2009.

    Docket Numbers: RP09-317-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Additional Information of Texas Gas Transmission, LLC.
    Filed Date: 03/13/2009.
    Accession Number: 20090313-5050.
    Comment Date: 5 p.m. Eastern Time on Monday, June 1, 2009.

    Docket Numbers: CP03-342-007, CP03-343-004.
    Applicants: Discovery Gas Transmission LLC.
    Description: Amendment to Application of Discovery Gas Transmission 
LLC.
    Filed Date: 03/13/2009.
    Accession Number: 20090318-5125.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 2, 2009.
    Any person desiring to protest this filing must file in accordance 
with Rule

[[Page 26391]]

211 of the Commission's Rules of Practice and Procedure (18 CFR 
385.211). Protests to this filing will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceeding. Such protests must be 
filed on or before 5 p.m. Eastern time on the specified comment date. 
Anyone filing a protest must serve a copy of that document on all the 
parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu 
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons 
unable to file electronically should submit an original and 14 copies 
of the protest to the Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
[email protected], or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-12736 Filed 6-1-09; 8:45 am]
BILLING CODE 6717-01-P
```
```

[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Page 27128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13321]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Agency Information Collection Extension

AGENCY: U.S. Department of Energy.

ACTION: Submission for Office of Management and Budget (OMB) review; 
comment request.

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

SUMMARY: The Department of Energy (DOE) has submitted an information 
collection request to the OMB for extension under the provisions of the 
Paperwork Reduction Act of 1995. The information collection requests a 
three-year extension of its Financial Assistance Information 
Collection, OMB Control Number 1910-0400. This information collection 
request covers information necessary to administer and manage DOE's 
financial assistance programs.

DATES: Comments regarding this collection must be received on or before 
July 8, 2009. If you anticipate that you will be submitting comments, 
but find it difficult to do so within the period of time allowed by 
this notice, please advise the OMB Desk Officer of your intention to 
make a submission as soon as possible. The Desk Officer may be 
telephoned at 202-395-4650.

ADDRESSES: Written comments should be sent to the following: Denise 
Clarke, Procurement Analyst, MA-612/L'Enfant Plaza Building, U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC, 
20585-1615, [email protected].

FOR FURTHER INFORMATION CONTACT: Denise Clarke at the above address, or 
by telephone at (202) 287-1748.

SUPPLEMENTARY INFORMATION: This information collection request 
contains: (1) OMB No. 1910-0400 (Renewal); (2) Information Collection 
Request Title: Financial Assistance Information Collection (3) Purpose: 
This package contains information collections necessary for the 
solicitation, award, administration, and closeout of grants and 
cooperative agreements (4) Estimated Number of Respondents 59,217 (5) 
Estimated Total Burden Hours: 926,022 (6) Number of Collections: The 
information collection request contains 16 information and/or 
recordkeeping requirements.

    Statutory Authority: Federal Grant and Cooperative Agreement 
Act, 31 U.S.C. 6301-6308.

    Issued in Washington, DC on June 1, 2009.
Edward R. Simpson,
Director, Office of Procurement and Assistance Management, Department 
of Energy.
[FR Doc. E9-13321 Filed 6-5-09; 8:45 am]
BILLING CODE 6450-01-P
```
#### In the Matter of Karla *V.*Alonso, Appellant, v Sharod J.C. Perdue, Respondent.

[976 NYS2d 891]

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Jolly, J.), dated July 19, 2012, which, after a hearing, in effect, denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

*“A*family offense must be established by a fair preponderance of the evidence” *(Matter of Saldivar v Cabrera,*109 AD3d 831, 831 [2013]; *see*Family Ct Act § 832; *Matter of Bazante v Bazante,*107 AD3d 707, 707 [2013]). “The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court’s determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record” *(Matter of Saldivar v Cabrera,*109 AD3d at 832; *see Matter of Winfield v Gammons,*105 AD3d 753, 754 [2013]). Here, the Family Court was presented with sharply conflicting testimony as to whether the respondent committed the family offenses at issue. The Family Court’s determination that the petitioner failed to establish that a family offense was committed against her was based on its credibility assessments, and is supported by the record *(see Matter of Sepulveda v Perez,*90 AD3d 1057, 1058 [2011]; *Matter of Richardson v Richardson,*80 AD3d 32, 44 [2010]). Accordingly, we decline to disturb the Family Court’s determination. Skelos, J.E, Dickerson, Cohen and Hinds-Radix, JJ., concur.
<PAGE>
                                                                    EXHIBIT 32.1

                   CERTIFICATION OF CHIEF EXECUTIVE OFFICER OF
                        FORTIS BENEFITS INSURANCE COMPANY
           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 of Fortis Benefits Insurance
Company (the "Company") on Form 10-Q for the period ended March 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Robert Pollock, President and 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, based on 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.

Date: May 14, 2004

                                           /s/ Robert Pollock
                                           -------------------------------------
                                           Robert Pollock
                                           President and Chief Executive Officer
                                           (Principal Executive Officer)
<PAGE>

                                                                    EXHIBIT 10.3

                                 PROMISSORY NOTE

PRINCIPAL AMOUNT: $ 300,000                                DATE: JANUARY 3, 2003

FOR VALUE RECEIVED, the undersigned hereby promise to pay to the order of
Lawrence Stumbaugh,
The sum of $ 300,000, together with interest thereon at the rate of 8% per annum
on the unpaid balance. Said sum shall be paid in the following manner:
  Interest shall be paid quarterly beginning March 31,2003.
  Principal payments will begin December 2004 and continue annually until paid
  in full.
  Principal payment shall be $ 100,000.

All payments shall be first applied to interest and the balance to principal.
This note may be prepaid, at any time, in whole or in part without penalty. All
parties liable for the payment of this Note agree to pay the holder reasonable
attorney's fees for services of counsel employed to collect this Note.

The Borrower hereby (a) waives demand, presentment of payment, notice of
nonpayment, protest, notice of protest and all other notice, filing of suit, and
diligence in collecting this note; (b) agrees that the Holder shall not be
required first to institute any suit, or to exhaust its remedies against the
Borrower or any other person or party to become liable hereunder, or against any
collateral in order to enforce payment of this Note; (c) consents to any
extension, rearrangement, renewal or postponement of time of payment of this
Note and to any other indulgence with respect hereto without notice, consent or
consideration; and (d) agrees that notwithstanding the occurrence of any of the
foregoing, except with the express written release by the Holder, the Borrower
shall be and remain directly and primarily liable for all sums due under this
Note.

This Note shall be construed and enforced in accordance with the laws of the
State of Georgia.

SERCAP HOLDINGS, LLC

By: /s/ Lawrence Stumbaugh
    Name: Lawrence Stumbaugh
    Title: CEO
<PAGE>

                                                                  Exhibit 21

                                SUBSIDIARIES
                                ------------

Registrant: Angelica Corporation, State of Incorporation: Missouri

Subsidiaries:

<TABLE>
<CAPTION>
                                                                                         PERCENTAGE OF VOTING
                                                                                           SECURITIES OWNED
             NAME                                  STATE OF INCORPORATION                    BY REGISTRANT
========================================================================================================================
<S>                                                      <C>                                       <C>
Angelica Realty Co.                                      California                                100%
------------------------------------------------------------------------------------------------------------------------
Angelica Textile Services, Inc.                          California                                100
------------------------------------------------------------------------------------------------------------------------
Angelica Textile Services, Inc.                           New York                                 100
------------------------------------------------------------------------------------------------------------------------
Southern Service Company                                 California                                100
------------------------------------------------------------------------------------------------------------------------
*Life Uniform Company                                     Missouri                                 100
------------------------------------------------------------------------------------------------------------------------

<FN>
*Retail operations of the Registrant include, as of January 31, 2004, a
chain of 228 retail uniform specialty shops operating under the umbrella
name of "Life Uniform and Shoe Shops." Generally, all shops operating in a
specific state form one company incorporated under the laws of that state.
All such corporations (38) are wholly-owned subsidiaries of Life Uniform
Company, a wholly-owned subsidiary of the Registrant.
</TABLE>

All of the above subsidiaries are included in the consolidated financial
statements filed herewith.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited Balance Sheet as of February 28, 1999 and the unaudited 
Statement of Operations for the six months then ended and is qualified 
in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                         AUG-31-1999
<PERIOD-START>                            SEP-01-1998
<PERIOD-END>                              FEB-28-1999
<CASH>                                         62,479
<SECURITIES>                                        0
<RECEIVABLES>                                       0
<ALLOWANCES>                                        0
<INVENTORY>                                   114,132
<CURRENT-ASSETS>                              201,915
<PP&E>                                         30,634
<DEPRECIATION>                                 24,907
<TOTAL-ASSETS>                                740,785
<CURRENT-LIABILITIES>                       2,997,732
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                    2,584,972
<OTHER-SE>                                 (4,883,439)
<TOTAL-LIABILITY-AND-EQUITY>                  740,785
<SALES>                                       115,900
<TOTAL-REVENUES>                              115,900
<CGS>                                          47,300
<TOTAL-COSTS>                                 707,276
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             90,510
<INCOME-PRETAX>                              (729,186)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                          (729,186)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                 (729,186)
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                   (0.06)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0000823610
<NAME>                        Rancon Pacific Realty, L.P.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<EXCHANGE-RATE>                                1.000
<CASH>                                         1,758
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               1,954
<PP&E>                                         41,326
<DEPRECIATION>                                 (11,154)
<TOTAL-ASSETS>                                 32,569
<CURRENT-LIABILITIES>                          464
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     8,456
<TOTAL-LIABILITY-AND-EQUITY>                   32,569
<SALES>                                        0
<TOTAL-REVENUES>                               4,652
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               2,821
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             1,440
<INCOME-PRETAX>                                374
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            374
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   374
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                 3-mos
<FISCAL-YEAR-END>             Dec-31-1998
<PERIOD-END>                  Mar-31-1998
<CASH>                        6,116,737
<SECURITIES>                  000
<RECEIVABLES>                 3,669,616
<ALLOWANCES>                  000
<INVENTORY>                   000
<CURRENT-ASSETS>              103,113,635
<PP&E>                        000
<DEPRECIATION>                000
<TOTAL-ASSETS>                113,685,992
<CURRENT-LIABILITIES>         780,056
<BONDS>                       77,865,542
<COMMON>                      000
<PREFERRED-MANDATORY>         000
<PREFERRED>                   000
<OTHER-SE>                    29,003,704
<TOTAL-LIABILITY-AND-EQUITY>  113,685,992
<SALES>                       000
<TOTAL-REVENUES>              3,883,863
<CGS>                         000
<TOTAL-COSTS>                 000
<OTHER-EXPENSES>              174,188
<LOSS-PROVISION>              000
<INTEREST-EXPENSE>            1,758,997
<INCOME-PRETAX>               000
<INCOME-TAX>                  000
<INCOME-CONTINUING>           000
<DISCONTINUED>                000
<EXTRAORDINARY>               000
<CHANGES>                     000
<NET-INCOME>                  1,950,678
<EPS-PRIMARY>                 .56
<EPS-DILUTED>                 .56
        

</TABLE>