alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### METRAKOS v. NEW YORK CENT. R. CO. et al.

No. 27471.

United States District Court N. D. Ohio, E. D.

Dec. 3, 1951.

*178Maurice Wolkoff, Theodore Sindell and Sindell & Sindell, all of Cleveland, Ohio, for plaintiff.

Paul Lamb, Cleveland, Ohio, for defendants.

FREED, District Judge.

Plaintiff, in this action, seeks to recover for injuries under the Federal Employers’ Liability Act, Title 45 U.S.C.A. § 51. Plaintiff charges that while working as a railroad car cleaner in a train depot operated jointly by The Cleveland Union Terminals Co. and the New York Central Railroad Co., he fell on the slippery floor of a coach when attempting to disconnect and clean a drinking water tank. It is alleged that plaintiff “was in the employ of the New York Central Railroad 'Co. and/or The Cleveland Union Terminals Co. and/or a joint employee of the defendants."

Defendants now move to strike an allegation that the “New York Central Railroad Co. is the owner and controls the operations of The Cleveland Union Terminals Co.” and seek further to have the Court require plaintiff to make the complaint definite and certain “by electing as between said defendants the one of them by whom he was employed.”

Plaintiff consents to the motion to strike and hence it will be granted.

The relief sought in the remainder of the motion is not embraced by a motion for a more definite statement as contemplated by the Federal Rules of Civil Procedure, 28 U.S.C.A. The pleading is neither vague nor ambiguous. Rule 12(e).

'Defendants rely upon an affidavit of the accountant for defendant, The Cleveland Union Terminals Co. which attempts to disprove the truth of a material allegation contained in the complaint, to-wit: that plaintiff was an employee of the New York Central Railroad Co. The request that an election be made between the two defendants can only be treated as a motion for summary judgment as to the New York Central Railroad Co. Rule 56.

Plaintiff is entitled to join in one action all persons against whom he asserts a right to relief jointly, severally, or in the alternative. Rule 20. One properly joined as a defendant may gain his dismissal only by showing that as a matter of law, upon facts concerning which there is no genuine issue, plaintiff may not recover from him. Rule 56.

The Federal Employers’ Liability Act, Title 45 U.S.C.A. § 51, gives an employee a remedy for injuries received “while he is employed by" a common carrier. The mere fact that defendant, The Cleveland Union Terminals Co., paid plaintiff’s wages is not wholly dispositive of the *179liability of the New York Central Railroad Co. It was pointed out in Cimorelli v. New York Central R. Co., 6 Cir., 148 F.2d 575, that control over the details of the employee’s work is the test of the master and servant relationship. In the absence of a complete exposition of the facts, it is impossible to conclude that plaintiff is not employed by the New York Central Railroad Co.

At this juncture no showing has been made which would foreclose plaintiff from maintaining the action against both defendants.

The motion to strike will be granted; in its other respect the motion will be overruled.
#### UNITED STATES of America, Plaintiff, v. LINEN SUPPLY INSTITUTE OF GREATER NEW YORK, Inc., Central Coat, Apron *&*Linen Service, Inc., Consolidated Laundries Corporation, General Linen Supply *&*Laundry Co., Inc., Modern Silver Linen Supply Co., Inc., Standard Coat, Apron & Linen Service, Inc., Louis Gordon, Harry Kessler, Charles Maslow, Fred S. Radnitz, and Sam Spatt, Defendants.

United States District Court S. D. New York.

May 7, 1957.

See also 18 F.R.D. 452.

*402Richard B. O’Donnell, John D. Swartz, Morris F. Klein, Richard Owen, Paul D. Sapienza, Floral Park, N. Y., for plaintiff.

Laporte & Meyers, New York City, Jules E. Yarnell, New York City, of counsel, for defendants Standard Coat, Apron & Linen Service, Inc., and Charles Maslow.

Arnold Bauman, New York City, for defendants General Linen Supply & Laundry Co., Inc. and Fred S. Radnitz.

Myron P. Gordon, New York City, for defendants Linen Supply Institute of Greater New York, Inc. and Harry Kessler.

Halperin, Natanson, Shivitz, Scholer & Steingut, New York City, Harry J. Halperin, Samuel L. Scholer, New York City, of counsel, for defendant Modern Silver Linen Supply Co., Inc.

SUGARMAN, District Judge.

On April 6, 1955, plaintiff commenced suit against the defendants in this court, charging violations of the antitrust laws in the New York area. Contemporaneously therewith the plaintiff commenced another suit in the District Court for the District of New Jersey, charging other defendants with similar violations in the New Jersey area. At about the same time a criminal indictment was returned by the Grand Jury for the Southern District of New York against the defendants in the New York civil suit and a criminal information was filed in the District of New Jersey against the defendants in the New Jersey civil suit.

In the fall of 1956, in preparation for trial of the criminal information in New Jersey, it became evident to the government that instead of two separate conspiracies between more or less interlocking defendants there was but a single conspiracy encompassing the defendants in New York and New Jersey.

In January of 1957, on that new evidence, the Grand Jury for the Southern District of New York returned a superseding indictment charging the one overall conspiracy in the two states, naming as defendants the New York and New Jersey defendants previously severally named in the two prior proceedings.

The plaintiff now moves pursuant to F.R.Civ.P. 15(a) and 21, 28 U.S.C.A. and 15 U.S.C.A. § 5 for leave to file an amended complaint in the pending New York civil action and to add parties thereto.

The conservation of money, time, effort and manpower that will inure to both litigants and the court militates in favor of the exercise of the court’s discretion that the motion be granted. The measure of prejudice or hardship necessary to preclude the exercise of such discretion is lacking herein.

Accordingly, the motion is granted and the defendants are directed to serve their answers to the amended complaint, leave for the filing of which is hereby granted, within 20 days after the entry of an order herein. Settle order.
**Exhibit32.1**

 

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 WhittierEnergy Corporation (the “Company”) on Form 10-KSB for the year endedDecember 31, 2004 (the “Report”), I, Bryce W. Rhodes, Chief Executive Officerof the Company, hereby certify that to my knowledge:

 

(1)   The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 (15 U.S.C. 78m or 78o(d)); and

 

(2)   The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

 
|                 |   |   | /s/ Bryce W. Rhodes     |
|----------------------|--------|--------|-------------------------|
| Date: March 30, 2005 |   |   | BRYCE W. RHODES         |
|                 |   |   | Chief Executive Officer |

 

----
Exhibit 32.2



                           Section 1350 Certification

In connection with the Form 10-QSB of DirectView, Inc. (the "Company") on Form
10-QSB for the nine months ending September 30, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michele
Ralston, acting Chief Financial 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, to the best of my knowledge and belief:

         (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/Michele Ralston
Michele Ralston
Acting Chief Financial Officer
November 21, 2005

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 152 Reported in House (RH)]

                                                  House Calendar No. 16
108th CONGRESS
  1st Session
H. RES. 152

                          [Report No. 108-45]

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2003

 Mr. Hastings of Washington, from the Committee on Rules, reported the 
  following resolution; which was referred to the House Calendar and 
                         ordered to be printed

_______________________________________________________________________

                               RESOLUTION

 
   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

    Resolved, That the requirement of clause 6(a) of rule XIII for a 
two-thirds vote to consider a report from the Committee on Rules on the 
same day it is presented to the House is waived with respect to any 
resolution reported on the legislative day of March 20, 2003, providing 
for consideration of the concurrent resolution (H. Con. Res. 95) 
establishing the congressional budget for the United States Government 
for fiscal year 2004 and setting forth appropriate budgetary levels for 
fiscal years 2003 and 2005 through 2013.

                                                  House Calendar No. 16

108th CONGRESS

  1st Session

                              H. RES. 152

                          [Report No. 108-45]

_______________________________________________________________________

                               RESOLUTION

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                             March 19, 2003

        Referred to the House Calendar and ordered to be printed
```
# 16QRTL3_00

# image1.png
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                              72
<SECURITIES>                                         0
<RECEIVABLES>                                   16,614
<ALLOWANCES>                                   (1,111)
<INVENTORY>                                     26,162
<CURRENT-ASSETS>                                47,949
<PP&E>                                          22,317
<DEPRECIATION>                                 (9,346)
<TOTAL-ASSETS>                                 105,743
<CURRENT-LIABILITIES>                           32,426
<BONDS>                                        118,061
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           119
<OTHER-SE>                                    (44,863)
<TOTAL-LIABILITY-AND-EQUITY>                   105,743
<SALES>                                        105,662
<TOTAL-REVENUES>                               105,662
<CGS>                                           69,429
<TOTAL-COSTS>                                   30,290
<OTHER-EXPENSES>                                    24
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,031
<INCOME-PRETAX>                                (3,771)
<INCOME-TAX>                                       537
<INCOME-CONTINUING>                            (4,308)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    192
<CHANGES>                                            0
<NET-INCOME>                                   (4,500)
<EPS-PRIMARY>                                    (.37)
<EPS-DILUTED>                                    (.37)
        

</TABLE>
|  Name                            |  Jurisdiction            | Percent      Owned byLive Current Media      Inc.                                                                            |
|---------------------------------------|-------------------------------|------------------------------------------------------------------------------------------------------------------------------|
| Communicate.com      Delaware Inc.    | Delaware                      | 100%                                                                                                                    |
| Domain      Holdings Inc.             | Alberta,      Canada          | 98.2%                                                                                                                   |
| 0778229      BC Ltd.                  | British      Columbia, Canada | 98.2%      (wholly-owned subsidiary of DHI)                                                                             |
| 612793      BC Ltd.                   | British      Columbia, Canada | 98.2%      (wholly-owned subsidiary of DHI)                                                                             |
| LCM      Cricket Ventures Pte. Ltd.   | Singapore                     | 100%                                                                                                                    |
| Global      Cricket Venture Pte. Ltd. | Singapore                     | 50.05%      (shares are owned by LCM Cricket Ventures Pte. Ltd., a wholly-owned      subsidiary of Live Current Media)  |

----
##### 



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 Annual Report on Form 10-K of Waxman Industries,
Inc. (the Company) for the fiscal year ended June 30, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  
    
    the Report 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 Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company. May 14, 2004 /s/ Melvin WaxmanMelvin WaxmanChairman of the Board and Co-Chief Executive
Officer/s/ Armond WaxmanArmond WaxmanPresident, Co-Chief Executive Officer and
Treasurer/s/ Mark W. WesterMark W. WesterSenior Vice President and Chief Financial
Officer
 37
#### In the Matter of Monique Williams, Petitioner, v Donald Selsky, as Director of Special Housing/Inmate Disciplinary Programs, et al., Respondents.

[853 NYS2d 519]

Present-Scudder, P.J., Hurlbutt, Lunn, Pine and Gorski, JJ.
<PAGE>   1
                                                                    EXHIBIT 99.2

                          EXULT, INC. AND SUBSIDIARIES

                        Supplemental Schedule Schedule II
                        Valuation and Qualifying Accounts
                             (amounts in thousands)


<TABLE>
          Column A                Column B                Column C                 Column D        Column E
------------------------------------------------------------------------------------------------------------
                                                          Additions
                                                 ---------------------------
                                                                     (2)
                                                     (1)         Charged to
                                 Balance at       Charged to        other                           Balance
                                 beginning        costs and       accounts        Deductions        at end
         Description             of period         expenses       describe         describe        of period
------------------------------------------------------------------------------------------------------------
<S>                               <C>            <C>             <C>               <C>            <C>
Accumulated Depreciation and
  Amortization Property
  and Equipment:
    2000                           $107            $3,418           $ --             $ --            $3,525
    1999                             --               107             --               --               107

Accumulated Amortization
  Intangible Assets:
    2000                            357             4,235             --               --             4,592
    1999                             --               357             --               --               357
</TABLE>
[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Page 36733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17775]



[[Page 36733]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services


Notice of Withdrawal: Second Publication of Reconsideration of 
Disapproval of Washington State Plan Amendment (SPA) 08-019

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Withdrawal Notice.

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

SUMMARY: This document withdraws the notice published on July 13, 2009 
(74 FR 33449), which announced a hearing scheduled on August 4, 2009, 
to reconsider disapproval of Washington SPA 08-019. The July 13 notice 
is being withdrawn because it was an inadvertent republication of the 
same notice published on June 23, 2009 (74 FR 29703). This notice of 
withdrawal eliminates the duplication, by withdrawing the July 13 
notice.

FOR FURTHER INFORMATION CONTACT: Benjamin Cohen, Presiding Officer, 
CMS, 2520 Lord Baltimore Drive, Suite L, Baltimore, Maryland 21244, 
Telephone: (410) 786-3169.

SUPPLEMENTARY INFORMATION: On June 23, 2009, we published a notice in 
the Federal Register (74 FR 29703), that announced the scheduling of an 
administrative hearing on August 4, 2009, to reconsider CMS' decision 
to disapprove Washington SPA 08-019. On July 13, 2009, the same notice 
was inadvertently republished in the Federal Register (74 FR 33449). 
This notice withdraws the July 13 notice, thereby eliminating the 
inadvertent duplication of the notice published on June 23.
    Section 1116 of the Social Security Act (42 U.S.C. 1316; 42 CFR 
430.18).

(Catalog of Federal Domestic Assistance Program No. 13.714, Medicaid 
Assistance Program.)

    Dated: July 21, 2009.
Charlene Frizzera
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E9-17775 Filed 7-22-09; 11:15 am]
BILLING CODE 4120-01-P
**Exhibit 31.2**

**CERTIFICATION**

I, R. GregoryMiller, certify that:

1.                I have reviewedthis annual report on Form 10-K/A of WJ Communications, Inc.;

2.                Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;
| Dated: | April 26, 2007 | By:                                                    | /s/ R. GREGORY  MILLER |
|--------|---------------------|--------------------------------------------------------|------------------------|
|   |                | R. Gregory Miller                                      |
|   |                | Chief Financial Officer  (principal financial officer) |

 

----
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 901 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 901

  To authorize the Secretary of the Interior to construct a bridge on 
Federal land west of and adjacent to Folsom Dam in California, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2003

Mr. Ose (for himself and Mr. Doolittle) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
  To authorize the Secretary of the Interior to construct a bridge on 
Federal land west of and adjacent to Folsom Dam in California, 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. CONSTRUCTION OF BRIDGE ADJACENT TO FOLSOM DAM, CALIFORNIA.

    (a) In General.--The Secretary of the Interior may carry out a 
project to design and construct a bridge on Federal land west of and 
adjacent to Folsom Dam in California. In carrying out the project, the 
Secretary may also construct necessary linkages from the bridge to 
existing roadways and provide for reestablishment of administrative 
facilities located at the Dam that will be affected by construction of 
the bridge.
    (b) Design and Construction.--In designing and constructing the 
bridge, the Secretary shall--
            (1) maximize the economy, safety, and security of Folsom 
        Dam's future operation, maintenance, and construction 
        activities; and
            (2) provide appropriate sizing and linkages to support 
        present and future traffic flow requirements for the city of 
        Folsom.
    (c) Transfer to City of Folsom.--Before initiation of construction 
of the bridge, the Secretary shall enter into an agreement with the 
city of Folsom to provide that, upon completion of construction of the 
bridge--
            (1) the Secretary shall transfer to the city of Folsom all 
        right, title, and interest of the United States to the bridge 
        and connecting structures;
            (2) the Secretary shall transfer to the city of Folsom 
        necessary easements to provide access to the bridge; and
            (3) the city of Folsom shall assume full responsibility for 
        operation and maintenance of the bridge and connecting 
        structures in perpetuity.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section a total of $66,500,000 for 
fiscal years beginning after September 30, 2003.
                                 <all>
```