alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SHULTZ et al. v. MANUFACTURERS & TRADERS TRUST CO. et al. (two cases).

Eq. No. 2279; Civ. No. 182.

District Court, W. D. New York.

Sept. 17, 1940.

Jules C. Randal, of Buffalo, N. Y., for plaintiffs.

Babcock, Hollister, Newbury & Russ, of Buffalo, N. Y., for Manufacturers & Traders Trust Co. and others.

Rann, Brown, Sturtevant & Kelly, of Buffalo, N. Y., for defendant Chisholm and others.

Dudley, Stowe & Sawyer, of Buffalo, N. Y., for defendant Sawyer.

Larkin, Rathbone & Perry, of New York City, for defendants Eastman and others.

BURKE, District Judge.

This is a motion by the defendants for summary judgment dismissing the complaints in two causes which have been consolidated by order of this Court. A brief summary of plaintiffs’ claim is set forth in an opinion allowing plaintiffs the right to take depositions for the purpose of opposing the motion for summary judgment. Shultz v. Manufacturers & Traders Trust Company et al., D.C., 32 F.Supp. 120. The alleged basis of these actions is a complex and intricate scheme of fraud. The complaints name thirty-five defendants. The papers originally submitted in support of the motion for summary judgment consist of affidavits and documents attached thereto which comprise approximately five hundred printed pages. Plaintiffs pursuant to the Court’s order have caused depositions to be taken of numerous witnesses and parties to the action. More than four thousand typewritten pages of testimony have been taken. Approximately five hundred exhibits were marked for identification. A large number of them have been offered as part of the record on this motion. The record has been further supplemented by additional affidavits presented by both plaintiffs and defendants. ,

In my opinion the procedure for summary judgment provided by the Federal Rules of Civil Procedure, was not intended to function in such a complicated case. The transactions which form the basis of the complaints and decedent’s knowledge of them are entirely too involved to be disposed of in such a summary manner. This is not a case where documentary evidence alone is made the basis of the relief asked. *452The granting of summary judgment is .a drastic remedy. It is a wholesome one where applicable to the circumstances. It is never warranted except upon a clear showing that no genuine issue as to any material fact remains for trial. One of the substantial issues of fact is whether the decedent participated in the transactions which form the basis of the complaints with knowledge of the facts or with sufficient knowledge of the facts to put him on inquiry. That must be resolved not upon affidavits as to the decedent’s knowledge of the facts but upon the facts and circumstances shown to exist. The facts and circumstances will be determinative as to decedent’s knowledge of them. It cannot be said in this case that there is no dispute as to the facts and circumstances in the light of the record on this motion. The issues for trial are those raised by the pleadings without limitation.

The motion for summary judgment is denied.
Notice of Service Reported for Annuitant Who is Receiving an RRB Annuity

U. S. Railroad Retirement Board

Policy and Systems

Compensation & Employer Services Center

844 North Rush Street

Chicago, IL 60611-1275

Request to Resolve Service Months Reported After Employee 

Retired

Date: 

BA No: Social Security No: 

ABD: Name: 

You reported creditable service for periods after the annuity beginning date (ABD) for the employee identified above. A potential 

overpayment exists because an annuity is not payable for any month in which an annuitant is properly credited with railroad 

service. Therefore, it is necessary that we verify the reason the service months were reported. Under each reported service 

month shown, enter the reason it was reported as creditable service using the reason codes below. When you have completed 

the form, sign and date the Certification Statement and mail it to the above address or fax it to (312) 751-7190.

REASON CODES: 1 = Employee worked; 2 = Employee was paid for vacation taken; 3 = Employee received separation 

allowance; 4 = Employee was awarded pay for time lost; 5 = Employee was paid dismissal allowance; 6 = Employee was paid 

guarantee pay; 7 = Service month reported in error; 8 = Employee received payment in lieu of vacation; 9 = Other (Explain in 

Remarks):

Year JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total

Reported Months 0

Reason Reported

Remarks: ____________________________________________________________________________________________

Year JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total

Reported Months 0

Reason Reported

Remarks: ____________________________________________________________________________________________

Year JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total

Reported Months 0

Reason Reported

Remarks: ____________________________________________________________________________________________

Year JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total

Reported Months 0

Reason Reported

Remarks: ____________________________________________________________________________________________

CERTIFICATION STATEMENT - This signed form should be used in lieu of Form BA-4, Report of Creditable Compensation 

Adjustments, to correct the employee's service record. I understand that civil and criminal penalties can be imposed against me 

for false or fraudulent statements or for withholding information to misrepresent a fact material to determining a right to payment 

under the Railroad Retirement Act. I certify that, to the best of my knowledge, the information which I have given is true, 

complete, and correct.

( )

SIGNATURE TELEPHONE NO. DATE
EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration 
Statements (Form S-8  Nos. 333-31297, 333-23095, 333-06081, 33-62453,
33-80594, 33-53432, 33- 45469, 33-41945, 33-25230, 33-19851 and 33-16625)
pertaining to the  Komag, Incorporated Deferred Compensation Plan, the
Komag, Incorporated  Restated 1987 Stock Option Plan, the Komag Material
Technology, Inc.  1995 Stock Option Plan, the  Komag, Incorporated Employee
Stock Purchase  Plan, the Komag, Incorporated Restated 1987 Stock Option
Plan, the  Dastek International Stock Option Plan and the Dastek, Inc. 1992
Stock  Option Plan and in the Registration Statement (Form S-3 No.
33-61161) of  Komag, Incorporated and in the related Prospectus of our
report dated  January 19, 1998, with respect to the consolidated financial
statements  and schedule of Komag, Incorporated included in this Annual
Report (Form  10-K) for the year ended December 28, 1997.


                                                       ERNST & YOUNG LLP

San Jose, California
March 24, 1998
909 A.2d 722

#### STATE OF NEW JERSEY, PLAINTIFF-CROSS-PETITIONER, v. CHARMAINE DANIELS, DEFENDANT-CROSS-RESPONDENT.

October 12, 2006.

ORDERED that the cross-petition for certification is granted, the judgment of the Appellate Division, Superior Court in respect of defendant’s seven-year sentence on count two is summarily reversed, and the sentence is reinstated. See *State v. Natale,*184 *N.J.*458, 878 A.2d 724 (2005).
Evaluation of Design C
Strengths of Design C

• Produce at least 96 cost weights for CPI 

• Flexibility and reduced burden

• Modeling offers opportunity to control costs 

while yielding a variety of data products with 

both detailed and aggregate expenditures (e.g., 

detailed grocery items in quarterly)

• These products include those for users 

described in Chapter 2 (health care, poverty 

measure, health care costs, etc.)

• Does not make unwarranted assumptions about 

the performance of respondents
Weaknesses of Design C

• Large initial sample size and first interview not 

used in estimation

• Utility dependent on correlation structure—not 

directly collected annual household 

expenditures

• Complicated rolling sampling design

• Requires additional methodological work 

(creating and using new information on 

household purchasing behavior to tailor 

methods, modeling approaches, balancing 

contributions of the two surveys) 
Optimizing Utility

• Optimal for the purposes of constructing the 

CPI in its current form

• Remains useful for some government agencies

• Provides opportunity to ask about important 

intervening events (e.g., periods of 

unemployment across six months)

• Still collect income measures

• Would be useful for researchers if can 

successfully model annual expenditures at 

aggregate levels
Committee on National Statistics
Precision 

• Given the large initial sample size, more 

precise estimates from each survey can be 

created by adjusting to the overall sample 

characteristics

• The correlation structure based on information 

in the initial sample and the two survey 

subsamples can be used to develop regression 

estimates for missing expenditures at detailed 

and aggregate level and improve the precision 

of subgroup estimates
Costs

• The sample size for the month-long journal 

can be reduced by as much as half and still 

provide better precision than the current diary

• Even with this reduction, the initial sample 

might still be large enough to allow for a small 

reduction in the sample size for the quarterly 

survey

• Again, the correlation structure could lead to 

gains in precision for subgroup estimates that 

also support these sample reductions
Options 

• Conduct three 4-month recall surveys using 

matrix sampling

• Only collect a two-week journal, but possibly 

twice during the year

• Have an overlap sample where a small 

subsample of respondents (perhaps 2000) 

complete both surveys which would provide 

more information for modeling
Final Note

• The selection of a new CE design will require 

careful testing—a number of empirical 

questions must be answered

• In conducting this future research I suggest 

using a set of indicators based on respondent 

performance that are detailed in Tucker, 

Meekins, and Biemer (2010)

• While largely untested, these measures could 

provide a baseline for evaluating new designs 

against the current design
Case 3:11-cv-00247-MLC-LHG Document 84 Filed 06/22/12 Page 1 of 1 PageID: 997
COURT OF APPEALS FOIl THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER Appellate case name: Angelina Gailey Individually and as Executrix of Estate of Patrick L. Gailey, Dan Patrick Gailey, and Patrick L. Gailey v. Pasqual Gutierrez Appellate case number: 01-12-00490-CV
Trial court case number: 0904324 

### Trial court: 61 st District Court of Harris County 

### The district clerk has filed a special clerk’s record on jurisdiction. We conclude that the Court has jurisdiction over the appeal. The filing fee has been paid. See TEX. R. APP. P. 5. The district clerk is ordered to file in this Court, within 30 days of the date of this order, (1) the clerk’s record in accordance with Rule of Appellate Procedure 34.5 or (2) notice that appellant has neither paid, nor made arrangements to pay, the fee for preparing the clerk’s record. SeeTEX. R. ApP. P. 34.5 (governing contents of clerk’s record), 35.1 (listing deadlines to file appellate record), 35.3 (defining responsibility to file record). The court reporter is ordered to file in this Court, within 30 days of the date of this order, (1) the reporter’s record in accordance with Rule of Appellate Procedure 34.6 or (2) notice that no record was taken or requested, or that appellant has neither paid, nor made arrangements to pay, the fee for preparing the reporter’s record. See TEX. R. APp. P. 34.6 (governing contents of reporter’s record), 35.1 (listing deadlines to file appellate record), 35.3 (defining responsibility to file record). All currently pending motions are dismissed. It is so ORDERED. 

### Judge’s signature: /s/Jane Bland

[] Acting individually [] Acting for the Court

Date: December 18, 2012
Case 2:11-cv-00427-JLL -MAH Document 40 Filed 12/20/11 Page 1 of 1 PageID: 203
IV 

116TH CONGRESS 

2D SESSION H. RES. 923 

Recognizing the contributions of distribution and warehousing workers during 

the 2020 coronavirus pandemic. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2020 

Mr. CARTWRIGHT (for himself, Ms. FUDGE, Mr. GONZALEZ of Texas, Ms. 

NORTON, Mr. KENNEDY, Mr. KILDEE, Mr. LOWENTHAL, Mr. 

MALINOWSKI, Ms. MCCOLLUM, Ms. SCHAKOWSKY, Mr. SMITH of Washington, and Mrs. TORRES of California) submitted the following resolution; which was referred to the Committee on Education and Labor 

RESOLUTION 

Recognizing the contributions of distribution and 

warehousing workers during the 2020 coronavirus pandemic. 

Whereas the outbreak of the novel coronavirus (COVID–19) 

has led to a state of unprecedented economic disruption 

in the United States; 

Whereas the widespread implementation of stay-at-home 

measures and restrictions on many categories of businesses produced a surge in demand for delivery services, 

with its effects felt at every link in the supply chain; 

Whereas employees in warehouses, shipping, and distribution 

centers have been called upon to fulfill this increased demand as essential workers during the pandemic; 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HRES 923 IH 

Whereas these employees work for long hours in physically 

demanding roles doing tasks essential for the economy; 

Whereas these employees have frequently lacked the personal 

protective equipment needed to fully guard against 

COVID–19; 

Whereas some employees are reported to have contracted the 

virus, and many workers fear that they may contract the 

virus because their essential work means they cannot remain at home; and 

Whereas workers in many facilities have requested their companies support them by providing information, safety 

equipment, adequate compensation, and other conditions 

necessary for them to do their jobs with confidence: Now, 

therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) declares that workers involved in the 

3 warehousing, distribution, and delivery industries 

4 play a vital role in sustaining the Nation during this 

5 emergency; 

6 (2) expresses gratitude to these workers and all 

7 who are performing essential tasks during this out8 break; 

9 (3) supports these workers’ receiving hazard 

10 pay, personal protective equipment, and adequate 

11 health insurance; and 

12 (4) calls upon the Occupational Safety and 

13 Health Administration to ensure that employers in 

14 these industries are maintaining a safe workplace 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HRES 923 IH 

1 free from hazards that are causing or are likely to 

2 cause death or serious physical harm to employees, 

3 including from COVID–19. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
FI L ED U.S. COURT OF A P P E A LS E LE V E N T H C IR C U IT AUGUST 18, 2005 THOMAS K. KAH

N CL ERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FO R T HE EL EV EN TH CIRC UI T

N o. 04- 1598 8 Non-A rgum ent Calendar
D. C. Docket N o. 03-00108 -CR- W DO -5
UNITED STAT ES OF AMERIC A, Plaintiff-Appellee,
ve rs us
LARRY O’ NEIL FAULK, D ef en da nt- A ppe llant. Appeal f rom the United State s District Court fo r the Mi ddl e D ist ri ct

of G eo rg ia (A ug us t 18, 200 5) Be fo re : C A RN E S, MA RC U S an d C O X , Ci rc uit Jud ge s. BY THE COURT: Brian T . R andall, appointed coun sel for L arry O’ Ne il Faulk in this direct
cr im ina l a

ppe al , ha s m ove d to w ith dr awa nd f ile d abr ie f pur sua nt t o A nde rs v.2

Ca lif or nia , 386 U
. S. 738 , 87 S
. Ct
. 139 6, 18 L
. E d. 2d 4 93 ( 1967 ). O ur ind ep en de nt
re vie w of the e nti re r ec or d r ev ea ls tha t c ouns el ’ s a sse ssm en t of the r el at ive m er it of the appe al is co rr ec t. B ec au se ind ep en de nt e xa m ina tio n of the r ec or d r ev ea ls n o iss ue s of a rg uable m er it, c ouns el ’ s m oti on t o w ith dr awis GR AN TED , a nd Faulk’ s convictio n and sentence are AF FIR MED
.
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A18A1827. IN THE INTEREST OF D. M.

The captioned appeal from an adjudication of delinquency in the Juvenile

Court of Colquitt County was docketed in this Court on May 29, 2018 pursuant to a

notice of appeal directing that the entire record, including transcripts of all

proceedings in the Juvenile Court, be transmitted to this Court as part of the record

on appeal. On June 8, 2018, Appellant filed a motion to remand the appeal to the

Juvenile Court for completion of the record. The motion represented to this Court

that transcripts of recorded hearingsin the Juvenile Court necessary for consideration

of the appeal were not included in the record transmitted to this Court and have not

yet been transcribed by a court reporter.

Because it appears that portions of the Juvenile Court record necessary for

consideration of this appeal have not been prepared or filed in the Juvenile Court for

transmission to this Court, this case was prematurely transmitted to this Court. Court

of Appeals Rule 11 (d). Under the Georgia Constitution, this Court is required to

“dispose of every case at the term for which it is entered on the court’s docket for

hearing or at the next term.” Ga. Const. of 1983 Art. VI, Sec. IX, Par. II. Appeals

must be decided with the constitutional deadline and cannot be stayed indefinitely

pending preparation and filing of the necessary record in the lower court.

Accordingly, it is ordered that the Appellant’s motion to remand is GRANTED

and that this case is REMANDED to the trial court for preparation and filing of the

June 20, 2018
necessary record. Upon preparation and filing of the necessary record in the Juvenile

Court, the Clerk of the Juvenile Courtshall transmit the entire record to this Court for

re-docketing. 

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

06/20/2018
<PAGE>


                            STATEMENT UNDER OATH FOR
                             CHIEF EXECUTIVE OFFICER
                PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

I, Phillip W. Arneson, certify that:

     The Annual Report on Form 10-K for the fiscal year ended January 31, 2003
of Sorrento Networks Corporation fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934, and the information
contained in the Annual Report on Form 10-K for the fiscal year ended January
31, 2003 of Sorrento Networks Corporation fairly presents, in all material
respects, the financial condition and results of operations of Sorrento Networks
Corporation.

                                         Subscribed and sworn to
                                         before me this 14 day of April, 2003

    /s/ PHILLIP W. ARNESON                   /s/ ROBERT E. ANDERSON
----------------------------             ------------------------------------
Name:     Phillip W. Arneson             Notary Public
Date:     April 14, 2003                 Seal









<PAGE>





                            STATEMENT UNDER OATH FOR
                             CHIEF FINANCIAL OFFICER
                PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

I, Joe R. Armstrong, certify that:

     The Annual Report on Form 10-K for the fiscal year ended January 31, 2003
of Sorrento Networks Corporation fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934, and the information
contained in the Annual Report on Form 10-K for the fiscal year ended January
31, 2003 of Sorrento Networks Corporation fairly presents, in all material
respects, the financial condition and results of operations of Sorrento Networks
Corporation.

                                         Subscribed and sworn to
                                         before me this 14 day of April, 2003

    /s/ JOE R. ARMSTRONG                     /s/ ROBERT E. ANDERSON
--------------------------               ------------------------------------
Name:     Joe R. Armstrong               Notary Public
Date:     April 14, 2003                 Seal
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

October 12, 2007 Clifford W. Taylor,

 Chief Justice 

134750 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

ERIC A. BRAVERMAN, Successor Robert P. Young, Jr. 

Stephen J. Markman, Personal Representative of the Estate Justices of Patricia Swann, Deceased, 

Plaintiff-Appellee, 

v SC: 134750 

 COA: 264091 
 Wayne CC: 05-502345-NH

GARDEN CITY HOSPITAL, a/k/a

GARDEN CITY HOSPITAL,

OSTEOPATHIC, 

 Defendant-Appellant, 

and 

JOHN R. SCHAIRER, D.O., GARY 

YASHINSKY, M.D., ABHINAV 

RAINA, M.D., and PROVIDENCE 

HOSPITAL AND MEDICAL CENTERS, 

INC., 

 Defendants. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 5, 2007 

judgment of the Court of Appeals is considered and, it appearing to this Court that the 

case of Braverman v Garden City Hospital (Docket Nos. 134445-134446) is pending on 

appeal before this Court and that the decision in that case may resolve an issue raised in 

the present application for leave to appeal, we ORDER that the application be held in 

ABEYANCE pending the decision in that case. 

l1009 

I, Corbin R. Davis, 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. 

October 12, 2007 

Clerk
# Result 3.1
EXHIBIT
32.1




CERTIFICATION
PURSUANT TO


18
U.S.C. §1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report of Western Capital Resources, Inc. (the
“Company”) on Form 10-Q for the six months ended June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, John
Quandahl, Chief Executive Officer and interim Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. §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 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/
      John QuandahlJohn
      QuandahlChief
      Executive Officer and Interim Chief Financial OfficerAugust
      14, 2009
**EXHIBIT 23.1**Consent of Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the Registration Statements (Form S-8 No.333-82224, 333-119144 and 333-131506) pertaining to the National Medical Health Card Systems,Inc. and Subsidiaries 1999 Stock Option Plan of our reports datedSeptember 12, 2007, withrespect to National Medical Health Card Systems, Inc. and Subsidiaries consolidated financialstatements and schedule and the effectiveness of internal control over financial reporting ofNational Medical Health Card Systems, Inc. and Subsidiaries included in its Annual Report (Form10-K) for the year ended June 30, 2007./s/ Ernst & Young LLPNew York, New York