alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PIORKOWSKI v. SOCONY VACUUM OIL CO.

No. 455 Civil.

District Court, M. D. Pennsylvania.

Oct. 18, 1940.

Louis A. Fine, of Honesdale, Pa., for plaintiff.

*408Philip V. Mattes, of Scranton, Pa., for defendant. *>*

WATSON, District Judge.

This case is before the Court for determination of a motion for discovery under Rule 34 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

At the oral argument, it was agreed by counsel that the motion should be granted as to requests contained in all of the paragraphs with the exception of paragraph five.

Paragraph five reads as follows: “5. That your petitioner has been informed that the defendant has in its possession written statements signed by Stanley Ludcavage, William Mahelts and Stanley Zwehorosky who are alleged to have some knowledge pertaining to the issues in this case.”

The. plaintiff’s motion, confusingly labeled a petition (see Rule 7(b) fails to disclose any information concerning the nature of the contents of the written statements which plaintiff desires to have produced, nor does the plaintiff state by whom or where it is alleged that the persons named in paragraph five “have some knowledge pertaining to the issues in this case.” Rule 34 requires that cause must be shown before an order for production will be made. In this case, the plaintiff has failed to show that the documents desired will in any way aid him in. the preparation of his case, or that there is reasonable cause for believing that the contents of the documents concern this case.

However, at the oral argument counsel tacitly admitted that the statements in question do concern this case and were obtained by the defendant in the course of its preparation for trial. While the courts have made every effort to construe the rules for discovery as liberally as possible in order to permit all parties to obtain a full disclosure of the facts pertaining to the case, there have been established certain necessary limitations of the exercise of discovery powers. One of these limitations prevents the securing by one party of the results of the preparation for trial of another party. As was stated in McCarthy v. Palmer et al., D.C., 29 F. Supp. 585, 586: “While the Rules of Civil Procedure were designed to permit liberal examination and discovery, they were not intended to be made the vehicle through which one litigant could make use of his opponent’s preparation of his case. To use them in such a manner would penalize the diligent and place a premium on laziness. It is fair to assume that, except in the most unusual circumstances, no such result was intended.” See also Creden et al. v. Central R. Co. of New Jersey, D.C., 1 F.R.D. 168; Byers Theaters, Inc. v. Murphy, D.C., 1 F.R.D. 286, 289; The Hazel S., D.C., 31 F.Supp. 745.

It is ordered that the requests contained in paragraphs 1, 2, 3, and 4 of plaintiffs motion filed October 15, 1940 are granted, and those in paragraph 5 are refused.
Order entered November 13, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00373-CV

BV ENERGY PARTNERS, LP AND BV REAL ESTATE MANAGEMENT, INC.,

Appellants

V.

RICHARD M. CHEATHAM, TSAR ENERGY, LLC, ET AL., Appellees

On Appeal from the 192nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. 11-13622

ORDER

We GRANT appellants’ November 11, 2014 second unopposed motion for extension of 

time to file reply brief and ORDER the brief be filed no later than November 24, 2014.

/s/ CRAIG STODDART 

JUSTICE
#### James Conklin, Appellant-Respondent, v Triborough Bridge and Tunnel Authority et al., Respondents-Appellants.

[855 NYS2d 54]

Flaintiff alleges that he was injured when he slipped on a *321“chicken ladder” or “makeshift ladder,” consisting of two parallel wooden planks with two-by-fours nailed across them at regular intervals, which was placed on sloped ground to function as a ramp, and which provided the sole means of access to his employer’s shanty. As a ramp, the “chicken ladder” presented a risk covered by Labor Law § 240, and the record demonstrates that defendants’ failure to equip it with a handrail or other safety device was the proximate cause of plaintiffs injuries *(see McCann v Central Synagogue,*280 AD2d 298, 299-300 [2001]). We note that plaintiffs untimely cross motion was not improperly considered, since it sought relief on the same issues as were raised in defendants’ timely motion *(see Altschuler v Gramatan Mgt., Inc.,*27 AD3d 304, 304-305 [2006]).

Plaintiff’s Labor Law § 241 (6) claim predicated upon Industrial Code (12 NYCRR) § 23-1.7 (f) was properly sustained, because the ramp, which is alleged to have been unsafe, provided a means of access to different working levels. The claim predicated upon section 23-1.7 (d) should have been sustained because the ramp constituted a passageway alleged to have been covered in a slippery substance. Plaintiff slipped not on muddy ground but on mud covering the cross-pieces of the ramp. The remaining Labor Law § 241 (6) claims were properly dismissed.

Plaintiffs Labor Law § 200 claim was properly sustained as against Campbell, the general contractor, who constructed and maintained the “chicken ladder” alleged to have been constantly in a muddy and slippery state *(see Comes v New York State Elec. & Gas Corp.,*82 NY2d 876, 877 [1993]; *Lombardi v Stout,*80 NY2d 290 [1992]). Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.
@article{1216396,
  author = {Xiaoda Yuan and Susan Krueger and Evgenyi Shalaev},
  title = {Protein-Surfactant and Protein-Protein Interactions During Freeze and Thaw: A Small-Angle Neutron Scattering Study of Lysozyme Solutions with Polysorbate and Poloxamer},
  year = {2023},
  number = {112},
  month = {2023-01-01 00:01:00},
  publisher = {Journal of Pharmaceutical Sciences},
  doi = {https://dx.doi.org/10.1016/j.xphs.2022.08.017},
  language = {en},
}
@article{1211511,
  author = {Idan Rosenthal and Jordan Weaver and Shawn P. Moylan},
  title = {The Influence of the Melt Pool Structure on the Mechanical Properties of Laser Powder Bed Fusion Nickel Superalloy 625},
  year = {2023},
  month = {2023-08-03 04:08:00},
  publisher = {Materials Today Communications},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=935858},
  doi = {https://doi.org/10.1016/j.mtcomm.2023.106810},
  language = {en},
}
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                      17,497,824
<SECURITIES>                                         0
<RECEIVABLES>                                2,165,836
<ALLOWANCES>                                         0
<INVENTORY>                                  1,218,120
<CURRENT-ASSETS>                            27,085,115
<PP&E>                                     191,720,459
<DEPRECIATION>                              43,308,735
<TOTAL-ASSETS>                             228,655,777
<CURRENT-LIABILITIES>                       25,805,059
<BONDS>                                    167,687,476
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                 18,953,233
<COMMON>                                        61,954
<OTHER-SE>                                  51,513,504
<TOTAL-LIABILITY-AND-EQUITY>               228,655,777
<SALES>                                              0
<TOTAL-REVENUES>                           148,432,273
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<TOTAL-COSTS>                               64,894,700
<OTHER-EXPENSES>                            42,387,107
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<NET-INCOME>                                17,593,943
<EPS-PRIMARY>                                     2.61
<EPS-DILUTED>                                        0
        

</TABLE>
[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Page 32640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16082]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1841-DR; Docket ID FEMA-2008-0018]


Kentucky; Amendment No. 3 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
Commonwealth of Kentucky (FEMA-1841-DR), dated May 29, 2009, and 
related determinations.

DATES: Effective Date: June 24, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to the 
Supplemental Appropriations Act, 2009, Public Law 111-32, FEMA is 
amending the cost-sharing arrangement concerning Federal funds provided 
under the authority of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, 42 U.S.C. 5170b, 5172, and 5173 for the major 
disaster declared on May 29, 2009, for the Commonwealth of Kentucky due 
to the damage resulting from severe storms, tornadoes, flooding, and 
mudslides. The Kentucky major disaster declaration is amended as 
follows:

    Federal funds for (Categories C-G) under the Public Assistance 
program (Section 406) are authorized at 90 percent of total eligible 
costs and Federal funds for debris removal and emergency protective 
measures (Categories A and B), including direct Federal assistance, 
under the Public Assistance program (Sections 403 and 407) are 
authorized at 100 percent of total eligible costs.
    This cost share shall apply to disaster assistance provided 
before, on, or after June 24, 2009.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-16082 Filed 7-7-09; 8:45 am]
BILLING CODE 9111-23-P
<PAGE>

                                                                    EXHIBIT 10.2

                                  AMENDMENT TO
                     SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

         This Amendment to the Greyhound Lines, Inc. (the "Company")
Supplemental Executive Retirement Plan is made as of December 9, 1996.

         WHEREAS, the Company previously adopted the Greyhound Lines, Inc.
Supplemental Executive Retirement Plan, as restated effective January 1, 1994
(the "Plan"); and

         WHEREAS, the Company, having sought the approval of the Compensation
and Organization Committee of the Board of Directors of the Company, desires to
amend the Plan and modify the listing of the Participants in the Plan.

NOW, THEREFORE, the Plan shall be amended as follows.

1.       Section 6.1(c) of the Plan shall be renumbered as Section 6.1(d) and
the following shall be added as Section 6.1(c):

         "(c)     20 percent for the Participants that: (i) hold the position of
         a Senior Vice President with Sponsor or (ii) any other Participants
         that, as of the first day of a Plan Year beginning on or after January
         1, 1996, have completed a minimum of 84 months of Service with Sponsor;
         and"

2.       The Participants in the Plan shall be those individuals listed on
Appendix A hereto; that the Service Start Date, contribution level and the
contribution effective date for each such Participant shall be as set forth on
Appendix A hereto.

3.       Capitalized terms used herein without definition shall have the meaning
ascribed to such terms as set forth in the Plan.

                                     GREYHOUND LINES, INC.

                                     By:_______________________________
                                              Daniel R. Weston
                                              Vice President - Human Resources
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                        <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         530,880
<SECURITIES>                                 3,409,301
<RECEIVABLES>                                   35,796
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               566,676
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,084,388
<CURRENT-LIABILITIES>                          118,054
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   3,966,234
<TOTAL-LIABILITY-AND-EQUITY>                 4,084,388
<SALES>                                              0
<TOTAL-REVENUES>                               655,019
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               343,544
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                311,475
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            311,475
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   311,475
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### The People of the State of New York, Respondent, v David Nazarego, Appellant.

[823 NYS2d 116]

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about May 18, 2005, unanimously affirmed. No opinion. Order filed. Concur—Mazzarelli, J.E, Saxe, Marlow, Sullivan and Williams, JJ.
# Table 2100. race
Exhibit 99.2
 
 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 Annual Report of PLM Equipment Growth Fund II Liquidating Trust (the "Trust"), on Form 10-KSB for the period from September 30, 2003 (inception) through December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, the Chief Financial Officer of the Trustee and of the Trust, hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:
 
 (1)  the Report of the Trust filed today 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 net assets in liquidation and changes in net assets in liquidation of the Trust.
 
 
 
 
 /s/ Richard K. Brock
 Richard K Brock
 Chief Financial Officer of PLM Financial Services, Inc.
 (Principal Financial Officer)
 March 25, 2004
905 A.2d 863

#### IN THE MATTER OF EVANS C. AGRAPIDIS, AN ATTORNEY AT LAW.

September 6, 2006.

ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 06-083, concluding that EVANS C. AGRAPIDIS of HASBROUCK HEIGHTS, who was admitted to the bar of this State in 1983, should be reprimanded for violating *RPC*5.4(a) (splitting fee with a non-lawyer), *RPC*7.2(c) (giving something of value for recommending the lawyer’s services), *RPC*7.3(d) (providing compensation for recommending the lawyer’s services), and *RPC*8.4(d) (conduct prejudicial to the administration of justice), and good cause appearing;

It is ORDERED that EVANS C. AGRAPIDIS is hereby reprimanded; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in *Rule*1:20-17.
cc: Hon. Gary Fairman, District Judge 

Max Reed, II 

Attorney General/Carson City 

White Pine County Clerk 

SUPREME COURT 

OF 

NEVADA 

2 

(0) 1947A ceen,
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1047 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1047

   To amend title 38, United States Code, to create a dependency and 
   indemnity compensation allowance for surviving spouses receiving 
 dependency and indemnity compensation from the Department of Veterans 
                    Affairs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2019

Mr. Tester (for himself, Ms. Hirono, and Mr. Blumenthal) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to create a dependency and 
   indemnity compensation allowance for surviving spouses receiving 
 dependency and indemnity compensation from the Department of Veterans 
                    Affairs, 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 ``Dependency and Indemnity 
Compensation Improvement Act of 2019''.

SEC. 2. DEPENDENCY AND INDEMNITY COMPENSATION ALLOWANCE FOR SURVIVING 
              SPOUSES RECEIVING DEPENDENCY AND INDEMNITY COMPENSATION 
              FROM THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Allowance.--
            (1) In general.--Subchapter II of chapter 13 of title 38, 
        United States Code, is amended by inserting after section 1311 
        the following new section:
``Sec. 1311A. Dependency and indemnity compensation allowance for 
              surviving spouses
    ``A dependency and indemnity compensation allowance shall be paid 
to a surviving spouse who is entitled to receive dependency and 
indemnity compensation under section 1311(a) of this title at the 
monthly rate equal to the amount by which--
            ``(1) the amount that is 55 percent of the rate of monthly 
        compensation in effect under section 1114(j) of this title, 
        exceeds
            ``(2) the amount of dependency and indemnity compensation 
        the surviving spouse is entitled to receive under section 
        1311(a) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 13 of such title is amended by inserting 
        after the item relating to section 1311 the following new item:

``1311A. Dependency and indemnity compensation allowance for surviving 
                            spouses.''.
    (b) Rule of Construction.--Nothing in section 1311A of such title, 
as added by subsection (a)(1), shall be construed to have an effect on 
any amount of payment under section 1450 of title 10, United States 
Code.
                                 <all>
```
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RICARDO FRANCO,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 15

- 00254

- CR

Appeal from

41st District Court

of El Paso C ounty, Texas

(TC # 20110D03180 )

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 14TH DAY OF MARCH, 2017.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodri guez, and Hughes, JJ.

Hughes, J., not participating
902 A.2d 1232

#### HILDA PEREZ, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED PLAINTIFF, v. RENT-A-CENTER, INC., DEFENDANT-MOVANT.

July 10, 2006.

ORDERED that the motion for clarification is granted, limited to the following: The judgment of the Court is prospective, except that it applies to plaintiff and if the trial court certifies this matter as a class action as part of the proceedings it conducts pursuant to the Court’s remand, to the members of the class.