alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Felix TORRES v. WILDEN PUMP & ENGINEERING CO.

No. 90 C 2138.

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

July 25, 1990.

Sheldon N. Goldberg, Goldstein, Goldberg & Fishman, Chicago, 111., for plaintiff.

Jeffrey Singer, Larry Crown, Segal McCambridge Singer & Mahoney, Ltd., Chicago, III, for defendant.

ORDER

BUA, District Judge.

After plaintiff Felix Torres was injured while working near a plastic plating machine, he filed this products liability action against defendant Wilden Pump & Engineering Co. (“Wilden Pump”). Torres’ products liability action is predicated on two theories: negligence and strict liability. Torres claims that the plastic plating machine was negligently designed and that it was unreasonably dangerous at the time it left the control of the manufacturer. Arguing that Torres cannot recover under either theory, Wilden Pump has filed a motion for summary judgment.

In support of its motion, Wilden Pump states that it has never manufactured or distributed a plastic plating machine or any other type of similar machine. Affidavit of Gary L. Cornell, ¶ 2. Torres has not denied or otherwise objected to this factual assertion. Since this factual matter is not disputed, Wilden Pump is entitled to summary judgment.

To maintain a products liability action under a theory of strict liability, the plaintiff must demonstrate that his injury resulted from an unreasonably dangerous condition of the product and that the defective condition existed when the product left the manufacturer’s control. *Coney v. J.L.G. Indus., Inc.,*97 Ill.2d 104, 111, 73 Ill.Dec. 337, 340, 454 N.E.2d 197, 200 (1983); *Suvada v. White Motor Co.,*32 I11.2d 612, 623, 210 N.E.2d 182, 188 (1965). A manufacturer which is not in the business of placing the product into the stream of commerce cannot be held strictly liable for defects in that product. *See Abel v. General Motors Corp.,*155 Ill.App.3d 208, 218, 507 N.E.2d 1369, 1376 (2d Dist.1987); *see also Goetz v. Avildsen Tool & Machs., Inc.,*82 Ill.App.3d 1054, 1060, 38 Ill.Dec. 324, 330, 403 N.E.2d 555, 561 (1st Dist. 1980) (“[a] manufacturer must be in the business of selling the allegedly defective product to be held strictly liable in tort”). Having never placed a plastic plating machine into the stream of commerce, Wilden Pump cannot be liable under a theory of *1371strict liability. For this very same reason, Torres cannot proceed on a negligence theory; Wilden Pump simply did not manufacture, design, or distribute the plastic plating machine that allegedly caused Torres’ injuries.

The court therefore grants Wilden Pump’s motion for summary judgment.
# WORK ZONE SAFETY PRESS RELEASE: California**

**FOR IMMEDIATE RELEASE: [Date]**

**CONTACT: [Name, Phone Number, E-Mail]**

**[Organization] Supports the U.S. Department of Transportation’s Work Zone Safety Outreach Campaign in California**

**[City, State]** – **[Organization]** announced today it is joining efforts to help reduce large truck crashes in works zones by supporting a state-wide work zone safety outreach campaign led by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). **[Organization]** calls on all drivers to “share work zones safely” by staying alert, obeying traffic signs, and allowing all vehicles extra space while driving through California’s active work zones.

Throughout the campaign FMCSA will amplify safety messages through outlets such as billboards and audio ads, reaching commercial motor vehicle (CMV) drivers traveling through the (827)+ active work zones across the state including:

· **Northern California**: Heavy construction zones in San Francisco and San Jose area

· **State Route (SR) 1/US 101**: North and south bound throughout the state

· **SR 99:** North and south bound throughout the state

· **Greater Los Angeles area**: I-5, I-10, I-15, I-110, I-405, and many others

“We are pleased to be a part of an effort to remind not only CMV drivers, but all those on California’s roadways to slow down and pay attention when driving through work zones,” said **[spokesperson].** “There is a clear need to raise awareness on work zone safety. We’re proud of the Golden State for many reasons– but we still need everyone to do their part to prevent roadway crashes.” 

California has a large, complex roadway system with over 175,589 miles of public roads. The roadway system encompasses diverse environments and provides mobility for nearly 27 million licensed drivers and millions of pedestrians and bicyclists. The state also has the fifth largest economy in the world, making these public roads the foundation for reliably moving people and goods from one place to another in California. Between 2008 and 2017, 1,893 fatal or serious injury crashes occurred in a work zone in California. These crashes resulted in 575 fatalities and 1,634 serious injuries. Work zone crashes represent 1.5% of fatal or serious injury crashes, 1.8% of all traffic fatalities, and 1.4% of all serious injuries over the same period.

From 2012-2021 California has seen 146 fatal work zone crashes involving a CMV. These data points, along with other strong statistics demonstrate the importance of the Work Zone Safety Outreach Campaign in California, for the collective effort to reduce work zone crashes and save lives. 

For more information on work zone safety, visit the campaign website.

**###**

[INSERT BOILERPLATE]

# image1.png
I

103D CONGRESS

1ST SESSION H. R. 1678

Making appropriations to begin a phase-in toward full funding of the special

supplemental food program for women, infants, and children (WIC) and

of Head Start programs, and to expand the Job Corps program for

the year ending September 30, 1994, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 2, 1993

Mr. KILDEE (for himself and Mr. EMERSON) introduced the following bill;

which was referred to the Committee on Appropriations

A BILL

Making appropriations to begin a phase-in toward full funding of the special supplemental food program for women,

infants, and children (WIC) and of Head Start programs, and to expand the Job Corps program for the

year ending September 30, 1994, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Every Fifth Child

5 Appropriations Act’’.
2

•HR 1678 IH

1 SEC. 2. WIC PROGRAM.

2 Out of any money in the Treasury not otherwise ap3 propriated, for the Department of Agriculture for the fis4 cal year ending September 30, 1994, there is appropriated

5 to carry out the special supplemental food program for

6 women, infants, and children (WIC) authorized in section

7 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),

8 $3,287,000,000. In addition, in order to achieve full fund9 ing for such program by the end of the fiscal year 1996,

10 there should be appropriated $3,564,000,000 for the fiscal

11 year 1995, and $3,914,000,000 for the fiscal year 1996.

12 SEC. 3. HEAD START PROGRAMS.

13 Out of any money in the Treasury not otherwise ap14 propriated, for the Department of Health and Human

15 Services for the fiscal year ending September 30, 1994,

16 there is appropriated to carry out the Head Start pro17 grams established under the Head Start Act (42 U.S.C.

18 9831 et seq.), $4,150,000,000. In addition, in order to

19 achieve full funding for such programs by the fiscal year

20 1999, there should be appropriated $4,970,000,000 for

21 the fiscal year 1995, $5,810,000,000 for the fiscal year

22 1996, $6,740,000,000 for the fiscal year 1997, and

23 $7,660,000,000 for the fiscal year 1998.

24 SEC. 4. JOB CORPS PROGRAM.

25 Out of any money in the Treasury not otherwise ap26 propriated, for the Department of Labor for the fiscal year
3

•HR 1678 IH

1 ending September 30, 1994, there is appropriated to carry

2 out the Job Corps program established under subtitle B

3 of title IV of the Job Training Partnership Act (29 U.S.C.

4 1691 et seq.), $1,530,000,000. In addition, in order to es5 tablish 50 additional Job Corps centers and by the year

6 2001 serve at least 50 percent more disadvantaged youths

7 than were served in the year 1992, there should be appro8 priated $1,153,000,000 for the fiscal year 1995,

9 $1,400,000,000 for the fiscal year 1996, $1,490,000,000

10 for the fiscal year 1997, $1,550,000,000 for the fiscal year

11 1998, $1,709,000,000 for the fiscal year 1999, and

12 $1,821,000,000 for each of the fiscal years 2000 and

13 2001.

Æ
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

§

IN RE: No. 08-19-00117-CV

§

ABRAMS-KIEWIT JOINT 

VENTURE,

RELATOR.

§

§

§

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Relator, Abrams-Kiewit Joint Venture, has filed a mandamus petition against the 

Honorable M. Sue Kurita, Judge of the County Court at Law No. 6 of El Paso County, Texas. 

Relator requests that we order Respondent to vacate an order denying Relator’s Verified Plea in 

Abatement and/or Renewed Motion to Sever and Transfer Venue and to grant same. Relator has 

also filed an emergency motion asking the Court to stay a portion of cause number 2018DCV1767, 

styled Walter P. Moore and Associates, Inc. v. Kellogg Brown & Root, LLC and Stantec 

Consulting Services, Inc. The motion for emergency relief and the petition for writ of mandamus

are denied.

Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to 

compel the performance of a ministerial duty, and where the relator has no adequate remedy by 

appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011)(orig. proceeding); In re Prudential 

Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004)(orig. proceeding). The 
- 2 -

burden is on relator to show it is entitled to mandamus relief. See In re Ford Motor Company, 165 

S.W.3d 315, 317 (Tex. 2005)(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 

1992)(orig. proceeding). After reviewing the mandamus petition, the mandamus record, the 

motion for emergency relief, and the Real Party in Interest’s response to the emergency motion, 

we conclude that Relator has failed to show that it is entitled to mandamus relief. Accordingly,

we deny the motion for emergency relief and the petition for writ of mandamus.

May 8, 2019

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Palafox, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
       
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<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                               0
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<RECEIVABLES>                                   46,329
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<CURRENT-ASSETS>                               154,439
<PP&E>                                         677,543
<DEPRECIATION>                                 601,208
<TOTAL-ASSETS>                                 673,267
<CURRENT-LIABILITIES>                        2,636,593
<BONDS>                                              0
<PREFERRED-MANDATORY>                          101,821
<PREFERRED>                                          0
<COMMON>                                       400,000
<OTHER-SE>                                 (2,465,147)
<TOTAL-LIABILITY-AND-EQUITY>                   673,267
<SALES>                                        465,251
<TOTAL-REVENUES>                               465,251
<CGS>                                          341,489
<TOTAL-COSTS>                                1,017,506
<OTHER-EXPENSES>                             1,061,764
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (208,447)
<INCOME-PRETAX>                                509,509
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<INCOME-CONTINUING>                            509,509
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                   509,509
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                        0
        

</TABLE>
102 A.3d 380

#### IN THE MATTER OF MARK D. BOGARD, AN ATTORNEY AT LAW (ATTORNEY NO. 041362008).

November 20, 2014.

ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 14-024, concluding that MARK D. BOGARD of REGO PARK, NEW YORK, who was admitted to the bar of this State in *2008,*should be reprimanded for violating *RPC*1.1(a) (gross neglect), *RPC*1.3 (lack of diligence), and *RPC*1.4(b) (failure to keep client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information), and good cause appearing;

It is ORDERED that MARK D. BOGARD 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.
Exhibit 31.2**CERTIFICATION**I, James R. Jackson Jr., certify that:1. I have reviewed this quarterly report on Form 10-Q of MicroFinancial Incorporated; 2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report; 3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.                                                                      /s/ James R. Jackson Jr.   James R. Jackson Jr.   Vice President and Chief Financial Officer   Date: May 11, 2006
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1629 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1629

To amend title 18, United States Code, with respect to the use and sale 
                  of military medals and decorations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

 Mr. McCandless (for himself, Mr. Parker, Mr. Solomon, Mr. Paxon, Mr. 
    Dornan, and Mr. Lazio) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, with respect to the use and sale 
                  of military medals and decorations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 704 of 
title 18, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) by striking ``not more than $250'' and inserting 
        ``under this title''; and
            (3) by adding at the end the following:
    ``(b)(1) If the decoration or medal involved in an offense under 
subsection (a) of this section is a Congressional Medal of Honor, in 
lieu of the punishment provided in such subsection the offender shall 
be fined under this title or imprisoned not more than one year, or 
both.
    ``(2) As used in subsection (a) of this section with respect to a 
Congressional Medal of Honor, the term `sells' includes trades, 
barters, or exchanges for anything of value.
    ``(3) As used in this subsection, the term `Congressional Medal of 
Honor' is a medal awarded under section 3741 of title 10.''.

                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>           5
<MULTIPLIER>        1,000
       
<S>                                     <C>        
<PERIOD-TYPE>                           12-MOS     
<FISCAL-YEAR-END>                       Dec-31-1995
<PERIOD-START>                          Jan-01-1995
<PERIOD-END>                            Dec-31-1995
<CASH>                                        1,474
<SECURITIES>                                      0
<RECEIVABLES>                                 7,615
<ALLOWANCES>                                  2,888
<INVENTORY>                                       0
<CURRENT-ASSETS>                              9,730
<PP&E>                                          340
<DEPRECIATION>                                    0
<TOTAL-ASSETS>                               10,087
<CURRENT-LIABILITIES>                         3,894
<BONDS>                                           0
<COMMON>                                      5,714
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<OTHER-SE>                                        0
<TOTAL-LIABILITY-AND-EQUITY>                 10,087
<SALES>                                           0
<TOTAL-REVENUES>                             25,545
<CGS>                                             0
<TOTAL-COSTS>                                16,082
<OTHER-EXPENSES>                              8,260
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                               41
<INCOME-PRETAX>                               1,204
<INCOME-TAX>                                    306
<INCOME-CONTINUING>                             898
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                    898
<EPS-PRIMARY>                                  0.07
<EPS-DILUTED>                                  0.07
        

</TABLE>
<PAGE>

                                                                     Exhibit 4.2

                       CHINA NEPSTAR CHAIN DRUGSTORE LTD.
                                 (the "Company")

 Number                                                          Ordinary Shares
-[___]-                                                                 -[___]-

           Incorporated in the Cayman Islands under the Companies Law
                    (as amended or revised from time to time)

     The authorized share capital of the Company is US$36,000 divided into
 360,000,000 shares of a nominal or par value of US$0.0001 each (the "Ordinary
                                    Shares")

THIS CERTIFIES THAT [_____] of [_______] is the registered holder of [______]
Ordinary Shares in the above-named Company subject to the Memorandum and
Articles of Association thereof.

Executed on behalf of the Company this [____] day of [______] 20[__].


                           [Seal]
---------------------------
Director/Secretary

THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER
THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE SECURITIES LAWS. THE
SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE
ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT FOR THE SHARES UNDER THE
SECURITIES ACT OF 1933, AS AMENDED, AND APPLICABLE STATE SECURITIES LAWS OR (B)
AN OPINION OF COUNSEL, IN A GENERALLY ACCEPTABLE FORM, THAT REGISTRATION IS NOT
REQUIRED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAWS OR (II) UNLESS SOLD
PURSUANT TO RULE 144 UNDER SAID ACT.

TRANSFER

I ____________________________________ (the Transferor) for the value received
DO HEREBY transfer to ________________________________________ (the Transferee)
the _____________________________________________ shares standing in my name in

CHINA NEPSTAR CHAIN DRUGSTORE LTD.

To hold the same unto the Transferee

Dated
      -------------------------------

Signed by the Transferor
In the presence of:


----------------------------            ----------------------------------------
Witness                                 Transferor