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s3://data.kl3m.ai/documents/cap/7482923.json
no doubt that the trailer actually searched was the trailer intended to be searched. Under the circumstances of this case, we find that “there was virtually no chance that the executing officers] would have any trouble locating and identifying the premises to be searched or that [they] would mistakenly search another house.” *United States v. Turner,*770 F.2d at 1511. Consequently, there was no error in the trial court’s denial of the motion to suppress. II At trial, the State was permitted to introduce a certified copy of the toxicologist’s report, which stated that the green plant material had been
no doubt that the trailer actually searched was the trailer intended to be searched.<|sentence|> Under the circumstances of this case, we find that “there was virtually no chance that the executing officers] would have any trouble locating and identifying the premises to be searched or that [they] would mistakenly search another house.”<|sentence|> *United States v. Turner,*770 F.2d at 1511.<|sentence|> Consequently, there was no error in the trial court’s denial of the motion to suppress.<|sentence|><|paragraph|> II<|paragraph|> At trial, the State was permitted to introduce a certified copy of the toxicologist’s report, which stated that the green plant material had been
s3://data.kl3m.ai/documents/cap/9545812.json
County Sheriff’s Office for further disposition, i. e. to stand trial. Thereafter, the court ordered Garrett removed from all medication, to assess the change, if any, in his faculties. Garrett
County Sheriff’s Office for further disposition, i. e. to stand trial.<|sentence|><|paragraph|> Thereafter, the court ordered Garrett removed from all medication, to assess the change, if any, in his faculties.<|sentence|> Garrett
s3://data.kl3m.ai/documents/cap/3648040.json
States v. Jacobo Castillo,*496 F.3d 947, 949 (9th Cir. 2007) (en banc) (quoting *United States v. Reyes-Platero
States v. Jacobo Castillo,*496 F.3d 947, 949 (9th Cir. 2007) (en banc) (quoting *United States v. Reyes-Platero
s3://data.kl3m.ai/documents/cap/361179.json
The petitioner presents three grounds in support of his motion to vacate sentence. He argues, first, that the waiver, by entry of a guilty plea, of his constitutional right to an adjudication of guilt was ineffective because he was never advised of the parole guidelines applicable to his plea of guilty and, consequently, of the parole consequences of his plea bargain. Petitioner also argues that he received ineffective assistance of counsel because counsel informed him the maximum time in custody would be two years and the actual time in custody was subsequently set at a minimum of 40 months. Finally, petitioner argues that the trial court misled him to *720believe that he was
The petitioner presents three grounds in support of his motion to vacate sentence.<|sentence|> He argues, first, that the waiver, by entry of a guilty plea, of his constitutional right to an adjudication of guilt was ineffective because he was never advised of the parole guidelines applicable to his plea of guilty and, consequently, of the parole consequences of his plea bargain.<|sentence|> Petitioner also argues that he received ineffective assistance of counsel because counsel informed him the maximum time in custody would be two years and the actual time in custody was subsequently set at a minimum of 40 months.<|sentence|> Finally, petitioner argues that the trial court misled him to *720believe that he was
s3://data.kl3m.ai/documents/dotgov/www.dol.gov/sites/dolgov/files/EBSA/laws-and-regulations/rules-and-regulations/public-comments/1210-ZA07/00007.pdf.json
• • • • • • • • • • • • • • • • • • a
• <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> • <|paragraph|> a
s3://data.kl3m.ai/documents/cap/3984758.json
NUMBER in all Key-Numbered Digests *&*Indexes *267The motion set forth that no claim for any sum in excess of $110,983.13, too amount demanded in the amended
NUMBER in all Key-Numbered Digests *&*Indexes<|paragraph|> *267The motion set forth that no claim for any sum in excess of $110,983.13, too amount demanded in the amended
s3://data.kl3m.ai/documents/dotgov/www.fdic.gov/resources/regulations/federal-register-publications/2013/2013-reports-condition-income-c_25.pdf.json
There is nothing inherently wrong with a monthly bank account fee. Problems arise when the fee is either too high or too low. The squeeze on interchange fees and, to a lesser extent, overdraft fees has led many banks to increase their 3 monthly charges or make those charges harder to avoid. For some
There is nothing inherently <|sentence|> wrong with a monthly bank account fee.<|sentence|> Problems arise when the fee is either too high or too low.<|sentence|> The <|paragraph|> squeeze on interchange fees and, to a lesser extent, overdraft fees has led many banks to increase their 3 monthly charges or make those charges harder to avoid.<|sentence|> For some
s3://data.kl3m.ai/documents/cap/1127754.json
J. Schrader, Huntsville, Ala., for plaintiffs-appellants. Ralph H. Ford, Huntsville, Ala., James F. Trucks, Jr., Reid
J. Schrader, Huntsville, Ala., for plaintiffs-appellants.<|sentence|><|paragraph|> Ralph H. Ford, Huntsville, Ala., James F. Trucks, Jr., Reid
s3://data.kl3m.ai/documents/cap/3608963.json
and Thornton. It appears that defendant’s son was not present at this time. All were situated around the kitchen table and drinking coffee when the “business at hand” was brought up. It is this Court’s opinion that the instant case is not within the scope of the cases cited by defendant. None of the key elements present in those cases are to be found here
and Thornton.<|sentence|> It appears that defendant’s son was not present at this time.<|sentence|> All were situated around the kitchen table and drinking coffee when the “business at hand” was brought up.<|sentence|><|paragraph|> It is this Court’s opinion that the instant case is not within the scope of the cases cited by defendant.<|sentence|> None of the key elements present in those cases are to be found here
s3://data.kl3m.ai/documents/cap/3793221.json
found that the solicitation of a contract within the state was activity sufficient to constitute “transacting business” within Illinois. 370 N.E.2d at 1110. Certain Illinois decisions define “transacting business” as activity which invokes the benefit and protection of Illinois law. *Ronco, Inc. v. Plastics, Inc.,*539
found that the solicitation of a contract within the state was activity sufficient to constitute “transacting business” within Illinois.<|sentence|> 370 N.E.2d at 1110.<|sentence|> Certain Illinois decisions define “transacting business” as activity which invokes the benefit and protection of Illinois law.<|sentence|> *Ronco, Inc. v. Plastics, Inc.,*539
s3://data.kl3m.ai/documents/cap/4989585.json
that there was no default, or that there was no answer on the part of any defendant except as shown in the transcript made under and in compliance with a precipe calling for only certain other particular parts of the record.
that there was no default, or that there was no answer on the part of any defendant except as shown in the transcript made under and in compliance with a precipe calling for only certain other particular parts of the record.
s3://data.kl3m.ai/documents/cap/46079.json
the white child, hitch your wagon to a star and rise. Yes rise, rise by the course of excellence and superiority of achievement, and not by force. Our Constitution was written to forestall unhappy conditions as that which now confronts us. When the Constitution was submitted to the several states for ratification an almost uniform protest went up from the states because it did not contain a bill of rights. Such was especially true in the states of
the white child, hitch your wagon to a star and rise.<|sentence|> Yes rise, rise by the course of excellence and superiority of achievement, and not by force.<|sentence|><|paragraph|> Our Constitution was written to forestall unhappy conditions as that which now confronts us.<|sentence|> When the Constitution was submitted to the several states for ratification an almost uniform protest went up from the states because it did not contain a bill of rights.<|sentence|> Such was especially true in the states of
s3://data.kl3m.ai/documents/cap/9607379.json
and instead wrote to National Security Life requesting that their $514.00 premium be returned. Mr. Hugley, the general agent, replied in a letter on November 2, 1978 that the premium would not be returned. The Byrds filed a complaint against De-Ramus alleging
and instead wrote to National Security Life requesting that their $514.00 premium be returned.<|sentence|> Mr. Hugley, the general agent, replied in a letter on November 2, 1978 that the premium would not be returned.<|sentence|><|paragraph|> The Byrds filed a complaint against De-Ramus alleging
s3://data.kl3m.ai/documents/cap/12495102.json
of Pennsylvania, Commissioner Marks, et al., Appellees No. 10 EAP 2018 Supreme Court of Pennsylvania. Submitted: April 12, 2018 City Commissioners of Philadelphia, pro se. Willie Singlatary, pro se Appellant. Ian Blythe Everhart, Esq., Kathleen Marie Kotula, Esq., Pennsylvania Department of State, Timothy Eugene Gates
of Pennsylvania, Commissioner Marks, et al., Appellees<|paragraph|> No. 10 EAP 2018<|paragraph|> Supreme Court of Pennsylvania.<|paragraph|> Submitted: April 12, 2018<|paragraph|> City Commissioners of Philadelphia, pro se.<|paragraph|> Willie Singlatary, pro se Appellant.<|paragraph|> Ian Blythe Everhart, Esq., Kathleen Marie Kotula, Esq., Pennsylvania Department of State, Timothy Eugene Gates
s3://data.kl3m.ai/documents/cap/1112928.json
must stand”) (citations omitted). 3. The district court did not abuse its discretion in making the attorney fee award. SAMP’s alternative interpretation of how the relevant factors should have been applied is not so compelling that
must stand”) (citations omitted).<|sentence|><|paragraph|> 3. The district court did not abuse its discretion in making the attorney fee award.<|sentence|> SAMP’s alternative interpretation of how the relevant factors should have been applied is not so compelling that
s3://data.kl3m.ai/documents/cap/7487522.json
Posted. No trespassing. Violators will be prosecuted by law.” Nora Shuler (Mrs. Harry Shuler) testified she had not told the boys to stay off her property, but she had told their stepmother to keep them off. State rested. Defense counsel moved for a judgment of acquittal on the ground any mischief or trespass was not willful. The motion was denied on the ground that posted ‘no trespassing’ signs create a prima facie case of trespassing. Defense counsel renewed his motion
Posted.<|sentence|> No trespassing.<|sentence|> Violators will be prosecuted by law.”<|sentence|><|paragraph|> Nora Shuler (Mrs. Harry Shuler) testified she had not told the boys to stay off her property, but she had told their stepmother to keep them off.<|sentence|> State rested.<|sentence|><|paragraph|> Defense counsel moved for a judgment of acquittal on the ground any mischief or trespass was not willful.<|sentence|> The motion was denied on the ground that posted ‘no trespassing’ signs create a prima facie case of trespassing.<|sentence|> Defense counsel renewed his motion
s3://data.kl3m.ai/documents/cap/1436085.json
defaulting road hands, and guilty of a misdemeanor, and it is made the duty of the sheriff to begin prosecution against such defaulters by filing affidavits before a justice of the peace. The sheriff had begun these prosecutions when he was met with this injunction. The appellees (complainants below) contended that the contracts with the road contractors were not legally entered into, and that the alleged defaulting road hands had not been assigned to road
defaulting road hands, and guilty of a misdemeanor, and it is made the duty of the sheriff to begin prosecution against such defaulters by filing affidavits before a justice of the peace.<|sentence|> The sheriff had begun these prosecutions when he was met with this injunction.<|sentence|> The appellees (complainants below) contended that the contracts with the road contractors were not legally entered into, and that the alleged defaulting road hands had not been assigned to road
s3://data.kl3m.ai/documents/dotgov/npin.cdc.gov/search?query=&f[0]=disease:3772&f[1]=topic:4284&f[2]=topic:14001&f[3]=type:publications.json
professionals on NPIN’s new social community to connect, share, and collaborate. STDs Toggle submenu STDs Find Organizations Materials Funding Campaigns Digital Media Tools Prevention Resources Training Basics Guidelines and Recommendations STDs Find Organizations Materials Funding Campaigns Digital Media Tools Prevention Resources Training Basics Guidelines and Recommendations Introducing NPIN’s Social Community Talk sexual health services
professionals on NPIN’s new social community to connect, share, and collaborate.<|sentence|><|paragraph|> STDs<|paragraph|> Toggle submenu<|paragraph|> STDs<|paragraph|> Find Organizations<|paragraph|> Materials<|paragraph|> Funding<|paragraph|> Campaigns<|paragraph|> Digital Media Tools<|paragraph|> Prevention Resources<|paragraph|> Training<|paragraph|> Basics<|paragraph|> Guidelines and Recommendations<|paragraph|> STDs<|paragraph|> Find Organizations<|paragraph|> Materials<|paragraph|> Funding<|paragraph|> Campaigns<|paragraph|> Digital Media Tools<|paragraph|> Prevention Resources<|paragraph|> Training<|paragraph|> Basics<|paragraph|> Guidelines and Recommendations<|paragraph|> Introducing NPIN’s Social Community<|paragraph|> Talk sexual health services
s3://data.kl3m.ai/documents/dotgov/www.occ.gov/news-issuances/news-releases/2018/nr-occ-2018-65.html.json
This Page: WASHINGTON—Performance of first-lien mortgages remained unchanged during the first quarter of 2018 compared with a year earlier, according to the Office of the Comptroller of the Currency's (OCC) quarterly report on mortgages. The *OCC Mortgage Metrics Report, First Quarter 2018,* showed 95.6 percent of mortgages included in the report were current and performing at the end of the quarter, the same as a year earlier. The report also showed that servicers initiated 37,300 new foreclosures during the first quarter of 2018, an 8
This Page:<|paragraph|> WASHINGTON—Performance of first-lien mortgages remained unchanged during the first quarter of 2018 compared with a year earlier, according to the Office of the Comptroller of the Currency's (OCC) quarterly report on mortgages.<|sentence|><|paragraph|> The *OCC Mortgage Metrics Report, First Quarter 2018,* showed 95.6 percent of mortgages included in the report were current and performing at the end of the quarter, the same as a year earlier.<|sentence|><|paragraph|> The report also showed that servicers initiated 37,300 new foreclosures during the first quarter of 2018, an 8
s3://data.kl3m.ai/documents/cap/304911.json
only in goods at their place of business,” is held to be unconstitutional on the ground that its title indicates, and the act itself embraces, two or more distinct objects. APPEAL from the Eleventh Judicial District, Parish of Bed Eiver *—Porter,*J. *Walter Guión,*Attorney General, and *W. A. Wilkinson,*District Attorney, *(Lewis Guión,*of Counsel,) for Plaintiff, Appellant. *Alexander & Wilkinson*for Defendant, Appellee. *38The opinion of the court was delivered by Blanchard, J. Defendants were indicted, under Act 71 of 1894, for
only in goods at their place of business,” is held to be unconstitutional on the ground that its title indicates, and the act itself embraces, two or more distinct objects.<|sentence|><|paragraph|> APPEAL from the Eleventh Judicial District, Parish of Bed Eiver *—Porter,*J.<|paragraph|> *Walter Guión,*Attorney General, and *W. A. Wilkinson,*District Attorney, *(Lewis Guión,*of Counsel,) for Plaintiff, Appellant.<|paragraph|> *Alexander & Wilkinson*for Defendant, Appellee.<|paragraph|> *38The opinion of the court was delivered by<|paragraph|> Blanchard, J.<|paragraph|> Defendants were indicted, under Act 71 of 1894, for
s3://data.kl3m.ai/documents/cap/8558870.json
bring an action in the name of the corporation of. which he is sole stockholder based on the same alleged contract asking for money judgment or, in the alternative, that defendant he ordered to relinquish all rights to the business establishment that was the subject of the sale, since relief sought in the subsequent action was available to plaintiff and could have been
bring an action in the name of the corporation of.<|sentence|> which he is sole stockholder based on the same alleged contract asking for money judgment or, in the alternative, that defendant he ordered to relinquish all rights to the business establishment that was the subject of the sale, since relief sought in the subsequent action was available to plaintiff and could have been
s3://data.kl3m.ai/documents/cap/8545393.json
*218trespass on the plaintifPs own land by the house, for which he had other remedies, but for the loss of the way as a team and carriage-way.” The defendant’s counsel contend, that the jury should have *been*restricted to such damages as
*218trespass on the plaintifPs own land by the house, for which he had other remedies, but for the loss of the way as a team and carriage-way.”<|sentence|> The defendant’s counsel contend, that the jury should have *been*restricted to such damages as
s3://data.kl3m.ai/documents/cap/8922770.json
in not allowing Hawthorne an opportunity to amend his petition. CONCLUSION For the foregoing reasons, the judgment of the trial court is affirmed. Costs of this appeal are assessed to Ivan Hawthorne. AFFIRMED.
in not allowing Hawthorne an opportunity to amend his petition.<|sentence|><|paragraph|> CONCLUSION<|paragraph|> For the foregoing reasons, the judgment of the trial court is affirmed.<|sentence|> Costs of this appeal are assessed to Ivan Hawthorne.<|sentence|><|paragraph|> AFFIRMED.
s3://data.kl3m.ai/documents/cap/1737186.json
course if the record disclosed facts showing that through this parent corporation and wholly-owned subsidiary The W. H. Warner & Company, Inc., was in fact the lessee of the mines and was operating them and that the wholly owned subsidiary
course if the record disclosed facts showing that through this parent corporation and wholly-owned subsidiary The W. H. Warner & Company, Inc., was in fact the lessee of the mines and was operating them and that the wholly owned subsidiary
s3://data.kl3m.ai/documents/cap/4324617.json
to no similar happenings in this case. *See McPherson v. Kelsey,*125 F.3d 989, 995-96 (6th Cir.1997) (“It is not sufficient for a party to mention a possible argument in the most skeletal way, leaving the court to ... put flesh on its bones.”). Plaintiffs EEOC charge complained of retaliation in
to no similar happenings in this case.<|sentence|> *See McPherson v. Kelsey,*125 F.3d 989, 995-96 (6th Cir.1997) (“It is not sufficient for a party to mention a possible argument in the most skeletal way, leaving the court to ... put flesh on its bones.”).<|sentence|><|paragraph|> Plaintiffs EEOC charge complained of retaliation in
s3://data.kl3m.ai/documents/cap/10548031.json
the UCC’s implied warranties, for example), or as a matter of fact (by actual communication between the parties). I note in passing that G.E. argues that the red letter clause stipulated that LGS
the UCC’s implied warranties, for example), or as a matter of fact (by actual communication between the parties).<|sentence|><|paragraph|> I note in passing that G.E. argues that the red letter clause stipulated that LGS
s3://data.kl3m.ai/documents/dotgov/www.abmc.gov/db-abmc-burial-unit/317th-infantry-regiment-80th-infantry-division.json
VA 22201 Phone: 703-584-1501 ABMC honors the services of overseas U.S. armed forces by maintaining and promoting America's overseas commemorative cemeteries and memorials. Footer Tertiary WWII Memorial Registry Korean War Veterans Memorial Honor RollFooter Secondary Accessibility FOIA Budget and Performance Film Permits & Copyright Information Privacy Policy Vulnerability No FEAR Act USA.gov Facebook Twitter YouTube Instagram
VA 22201<|paragraph|> Phone: 703-584-1501<|paragraph|> ABMC honors the services of overseas U.S. armed forces by maintaining and promoting America's overseas commemorative cemeteries and memorials.<|sentence|><|paragraph|> Footer Tertiary<|paragraph|> WWII Memorial Registry<|paragraph|> Korean War Veterans Memorial Honor RollFooter Secondary<|paragraph|> Accessibility<|paragraph|> FOIA<|paragraph|> Budget and Performance<|paragraph|> Film Permits & Copyright Information<|paragraph|> Privacy Policy<|paragraph|> Vulnerability<|paragraph|> No FEAR Act<|paragraph|> USA.gov<|paragraph|> Facebook<|paragraph|> Twitter<|paragraph|> YouTube<|paragraph|> Instagram
s3://data.kl3m.ai/documents/cap/3854740.json
Respondents,*v. Scott Bauer et al., *Defendants,*Alice A. Bauer, *Appellant.* Appeal from a judgment of the Superior Court for Pierce County, No. 06-2-05122-5, Beverly G. Grant, J., entered January 5, 2007. *Reversed*and *remanded*by unpublished opinion per Bridgewater, J., concurred in by Houghton, C.J.
Respondents,*v. Scott Bauer et al., *Defendants,*Alice A. Bauer, *Appellant.*<|sentence|><|paragraph|> Appeal from a judgment of the Superior Court for Pierce County, No. 06-2-05122-5, Beverly G. Grant, J., entered January 5, 2007.<|sentence|> *Reversed*and *remanded*by unpublished opinion per Bridgewater, J., concurred in by Houghton, C.J.
s3://data.kl3m.ai/documents/dotgov/www.federalreserve.gov/Releases/H2/20210213/chicago.htm.json
view State Bank, both of Glenview, Illinois. | Newspaper:Not availableFederal Register:03/15/2021 |Newspaper: | Not available |Federal Register: | 03/15/2021 |PEOPLES COMMUNITY BANCSHARES, INC., THE | CIC | Notice by Scott A. Schoenmann, Mazomanie, Wisconsin, to retain 25 percent or more voting shares of The Peoples Community Bancshares, Inc. and thereby indirectly control The Peoples Community Bank both of Mazomanie, Wisconsin. | Newspaper:Not availableFederal Register:Not available |
view State Bank, both of Glenview, Illinois.<|sentence|><|paragraph|> | Newspaper:Not availableFederal Register:03/15/2021 |Newspaper: | Not available |Federal Register: | 03/15/2021 |PEOPLES COMMUNITY BANCSHARES, INC., THE | CIC | Notice by Scott A. Schoenmann, Mazomanie, Wisconsin, to retain 25 percent or more voting shares of The Peoples Community Bancshares, Inc. and thereby indirectly control The Peoples Community Bank both of Mazomanie, Wisconsin.<|sentence|><|paragraph|> | Newspaper:Not availableFederal Register:Not available |
s3://data.kl3m.ai/documents/cap/1472708.json
;er¡ a husband was denied recovery for ]oss 0f companionship on the ground that “companionship” is included in the terms “services” and “domestic duties” as used in G.S. 23-205. Clark v. Southwestern Greyhound Lines, 144 Kan. 344, 58 P.2d 1128 (1936). Still later, in Foster v. Kopp, 151 Kan. 650, 100 P.2d 660 (1940),
;er¡ a husband was denied recovery for ]oss 0f companionship on the ground that “companionship” is included in the terms “services” and “domestic duties” as used in G.S. 23-205.<|sentence|> Clark v. Southwestern Greyhound Lines, 144 Kan. 344, 58 P.2d 1128 (1936).<|sentence|> Still later, in Foster v. Kopp, 151 Kan. 650, 100 P.2d 660 (1940),
s3://data.kl3m.ai/documents/cap/73264.json
the effect that a mere agreement to refer to arbitration, where no reference has taken place, cannot take away the jurisdiction of any court, see *Mitchell*v. Harris3 and *Street*v. *Rigby.**4* *Insurance Policies.*It is not infrequently provided in policies of insurance that any dispute arising under the policy shall be referred to arbitrators. Such agreements to arbitrate, it has been decided, do not oust the courts of their jurisdiction.5 So, where the underwriters refused to pay the loss of the assured, his right
the effect that a mere agreement to refer to arbitration, where no reference has taken place, cannot take away the jurisdiction of any court, see *Mitchell*v. Harris3 and *Street*v. *Rigby.**4*<|sentence|><|paragraph|> *Insurance Policies.*<|sentence|>It is not infrequently provided in policies of insurance that any dispute arising under the policy shall be referred to arbitrators.<|sentence|> Such agreements to arbitrate, it has been decided, do not oust the courts of their jurisdiction.5<|sentence|> So, where the underwriters refused to pay the loss of the assured, his right
s3://data.kl3m.ai/documents/cap/10538256.json
15 U.S.C. § 26, provides that “in any action under this section in which the plaintiff substantially prevails, the court shall award the cost of the suit, including a reasonable attorney’s fee, to such plaintiff.” Thus, the preliminary inquiry is whether Royal Crown “substantially prevailed” within the meaning of the statute so that an attorney’s fee award is appropriate. Although this Circuit has not yet addressed the award of attorney’s fees under section 16 of the Clayton Act for actions brought to challenge a
15 U.S.C. § 26, provides that “in any action under this section in which the plaintiff substantially prevails, the court shall award the cost of the suit, including a reasonable attorney’s fee, to such plaintiff.”<|sentence|> Thus, the preliminary inquiry is whether Royal Crown “substantially prevailed” within the meaning of the statute so that an attorney’s fee award is appropriate.<|sentence|><|paragraph|> Although this Circuit has not yet addressed the award of attorney’s fees under section 16 of the Clayton Act for actions brought to challenge a
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the River Roads Branch of the Roosevelt Federal Savings and Loan Association, testified that he conversed with Kaufman concerning the possibility of obtaining a G. I. Loan and establishing a savings account. During the conversation, Wool-len testified that Kaufman did not appear nervous. While Woollen did not testify as to Kaufman’s rationality, the conversation, itself, could provide the basis for an inference that Kaufman was operating rationally. Miss Lorenz, assistant manager of the association, testified *804that Kaufman did not appear nervous until Dedert, a customer of
the River Roads Branch of the Roosevelt Federal Savings and Loan Association, testified that he conversed with Kaufman concerning the possibility of obtaining a G. I. Loan and establishing a savings account.<|sentence|> During the conversation, Wool-len testified that Kaufman did not appear nervous.<|sentence|> While Woollen did not testify as to Kaufman’s rationality, the conversation, itself, could provide the basis for an inference that Kaufman was operating rationally.<|sentence|> Miss Lorenz, assistant manager of the association, testified *804that Kaufman did not appear nervous until Dedert, a customer of
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the commission of the crime. The State of Ohio should be allowed a reasonable time in which to retry petioner. Therefore, on remand, the district court should enter such orders as
the commission of the crime.<|sentence|><|paragraph|> The State of Ohio should be allowed a reasonable time in which to retry petioner.<|sentence|> Therefore, on remand, the district court should enter such orders as
s3://data.kl3m.ai/documents/dotgov/nij.ojp.gov/funding/awards/2013-mu-cx-0032.json
1 Status Closed Funding First Awarded 2013 Total funding (to date) $622,283 Original Solicitation NIJ FY 13 Research and Evaluation on the Abuse, Neglect and Exploitation of Elderly Individuls and Residents of Residential Care Facilities Description of original award (Fiscal Year 2013, $622,283) The primary goal of this project is to conduct a rigorous, randomized-control evaluation of the impact of the Denver Forensic Collaborative (DFC), a victim-focused, forensic
1<|paragraph|> Status<|paragraph|> Closed<|paragraph|> Funding First Awarded<|paragraph|> 2013<|paragraph|> Total funding (to date)<|paragraph|> $622,283<|paragraph|> Original Solicitation<|paragraph|> NIJ FY 13 Research and Evaluation on the Abuse, Neglect and Exploitation of Elderly Individuls and Residents of Residential Care Facilities<|paragraph|> Description of original award (Fiscal Year 2013, $622,283)<|paragraph|> The primary goal of this project is to conduct a rigorous, randomized-control evaluation of the impact of the Denver Forensic Collaborative (DFC), a victim-focused, forensic
s3://data.kl3m.ai/documents/cap/3153588.json
review a claim for habeas corpus relief if the state court’s decision rested on a state law ground that is independent of the federal question and if the ground is adequate to support the judgment. *Coleman v. Thompson,*501 U.S. 722, 730-31, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). Thus, we do not review this claim. *See Coleman,*501 U.S. at 750, 111 S.Ct. 2546 (noting that federal courts only
review a claim for habeas corpus relief if the state court’s decision rested on a state law ground that is independent of the federal question and if the ground is adequate to support the judgment.<|sentence|> *Coleman v. Thompson,*501 U.S. 722, 730-31, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).<|sentence|> Thus, we do not review this claim.<|sentence|> *See Coleman,*501 U.S. at 750, 111 S.Ct. 2546 (noting that federal courts only
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law is “at least debatable,” there is no denial of the equal protection of the laws. *Id.*at 469, 101 S.Ct. at 726 (quoting *United States v. Carolene Prods. Co.,*304 U.S. 144, 154, 58 S.Ct. 778, 784, 82 L.Ed. 1234 (1938
law is “at least debatable,” there is no denial of the equal protection of the laws.<|sentence|> *Id.*at 469, 101 S.Ct. at 726 (quoting *United States v. Carolene Prods. Co.,*304 U.S. 144, 154, 58 S.Ct. 778, 784, 82 L.Ed. 1234 (1938
s3://data.kl3m.ai/documents/dotgov/rrb.gov/node/6127.json
FormsmyRRBSicknessGeneral InformationDownloadable FormsmyRRBIncome TaxGeneral InformationDownloadable FormsmyRRBMedicareGeneral InformationmyRRBEn EspañolmyRRBEmployersEmployer Online ServicesERSNet LoginEFTPS.govPay.govFormsRailLaborReporting InstructionsRailLaborCreditable SicknessPublicationsEmployer Exchange NewsletterProgram and Circular LettersAdditional InformationResourcesRailroad JobsLegal InformationBoard OrdersThe Federal RegisterLegal Opinions and Board Coverage DecisionsPartition of Railroad Retirement AnnuitiesAdminist
FormsmyRRBSicknessGeneral InformationDownloadable FormsmyRRBIncome TaxGeneral InformationDownloadable FormsmyRRBMedicareGeneral InformationmyRRBEn EspañolmyRRBEmployersEmployer Online ServicesERSNet LoginEFTPS.govPay.govFormsRailLaborReporting InstructionsRailLaborCreditable SicknessPublicationsEmployer Exchange NewsletterProgram and Circular LettersAdditional InformationResourcesRailroad JobsLegal InformationBoard OrdersThe Federal RegisterLegal Opinions and Board Coverage DecisionsPartition of Railroad Retirement AnnuitiesAdminist
s3://data.kl3m.ai/documents/cap/8852586.json
delivery wagon from the depot towards the town; that in said delivery wagon was a barrel which looked like a sugar barrel; that he had seen said barrel at the depot and examined it, and it smelled like whisky; that said barrel, when opened was found to contain 100
delivery wagon from the depot towards the town;<|sentence|> that in said delivery wagon was a barrel which looked like a sugar barrel;<|sentence|> that he had seen said barrel at the depot and examined it, and it smelled like whisky;<|sentence|> that said barrel, when opened was found to contain 100
s3://data.kl3m.ai/documents/ecfr/2024-09-17/21/182.1480.json
182.1480 Methylcellulose. ( a ) *Product.* U.S.P. methylcellulose, except that the methoxy content shall not be less than 27.5 percent and not more than 31.5 percent on a dry-weight basis. ( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance
182.1480 Methylcellulose.<|sentence|> ( a ) *Product.* U.S.P. methylcellulose, except that the methoxy content shall not be less than 27.5 percent and not more than 31.5 percent on a dry-weight basis.<|sentence|><|paragraph|> ( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance
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the Court of Appeal, Third Circuit, for filing of relator’s petition and for prompt consideration. La.C.Cr.P. art. 926 D permits courts to require use of the uniform post conviction application form only when the petitioner is filing an application for post conviction relief as defined by La.C. Cr.P. art. 924.
the Court of Appeal, Third Circuit, for filing of relator’s petition and for prompt consideration.<|sentence|> La.C.Cr.P. art. 926 D permits courts to require use of the uniform post conviction application form only when the petitioner is filing an application for post conviction relief as defined by La.C. Cr.P. art. 924.
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suit had been brought on the contract, defendant could have filed, as a counterclaim, any demand relating to the contract upon which he could have instituted an independent suit at the time. McCuin v. Frazier, 38 Mo. App. 63. (2) A counterclaim may be interpleaded as a defense whether plaintiff’s action be for tort or upon contract, if it arises out of the same transaction or be connected with the subject of the action. Bowman & Co. v. Lickey, 86 Mo. App. 47; Transportation Co. v. Boggiano et al.,
suit had been brought on the contract, defendant could have filed, as a counterclaim, any demand relating to the contract upon which he could have instituted an independent suit at the time.<|sentence|> McCuin v. Frazier, 38 Mo. App. 63.<|sentence|><|paragraph|> (2) A counterclaim may be interpleaded as a defense whether plaintiff’s action be for tort or upon contract, if it arises out of the same transaction or be connected with the subject of the action.<|sentence|> Bowman & Co. v. Lickey, 86 Mo. App. 47;<|sentence|> Transportation Co. v. Boggiano et al.,
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, *Respondent.* Appeal from a judgment of the Superior Court for Spokane County, No. 12-2-01110-3, Gregory D. Sypolt, J., entered June 8, 2012
, *Respondent.*<|sentence|><|paragraph|> Appeal from a judgment of the Superior Court for Spokane County, No. 12-2-01110-3, Gregory D. Sypolt, J., entered June 8, 2012
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trial of the case. The administrator does not- claim his physical possession of the deed was because of any act or dealing of the grantor entitling plaintiff to possession. It was rather a voluntary, friendly act on the part of Paris
trial of the case.<|sentence|><|paragraph|> The administrator does not- claim his physical possession of the deed was because of any act or dealing of the grantor entitling plaintiff to possession.<|sentence|> It was rather a voluntary, friendly act on the part of Paris
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Corporation. Motion for leave to appeal to the Court of Appeals denied, with ten dollars costs. Present —■ Finch, P. J., McAvoy, Martin, O’Malley
Corporation.<|sentence|><|paragraph|> Motion for leave to appeal to the Court of Appeals denied, with ten dollars costs.<|sentence|> Present —■ Finch, P. J., McAvoy, Martin, O’Malley
s3://data.kl3m.ai/documents/dotgov/www.cftc.gov/files/dea/cotarchives/2016/options/electricity_sof072616.htm.json
65.3 19.0 21.5 11.2 1.0 0.0 0.0 0.0 1.6 0.0 : : : : Number of Traders in
65.3 19.0 21.5 11.2 1.0 0.0 0.0 0.0 1.6 0.0 :<|sentence|> : :<|sentence|> : Number of Traders in
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. Dominick Vacco and Nicholas Francher, Appellants. Order affirmed, with ten dollars costs and disbursements. All concur. (The order grants plaintiff’s motion to set aside the verdict of a jury in favor of plaintiff and grants a new trial on the ground that the verdict was for insufficient damages in an automobile negligence action.) Present — Crosby, P. J., Cunningham, Taylor, Harris
. Dominick Vacco and Nicholas Francher, Appellants.<|sentence|><|paragraph|> Order affirmed, with ten dollars costs and disbursements.<|sentence|> All concur.<|sentence|> (The order grants plaintiff’s motion to set aside the verdict of a jury in favor of plaintiff and grants a new trial on the ground that the verdict was for insufficient damages in an automobile negligence action.)<|sentence|> Present — Crosby, P. J., Cunningham, Taylor, Harris
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MEMORANDUM Once again, the problem of overpopulation of the jails of the City of St. Louis is before this Court. Harried jail officials have been struggling to contain an ever-expanding jail population within the unyielding walls of the local jail and workhouse for more than 20 years. The questions of how, when, and where to confine *534the many, many persons awaiting trial in the Circuit Courts of St. Louis have yet to be answered, even though mayors, judges, and administrators have diligently sought solutions to the problem.
MEMORANDUM<|paragraph|> Once again, the problem of overpopulation of the jails of the City of St. Louis is before this Court.<|sentence|> Harried jail officials have been struggling to contain an ever-expanding jail population within the unyielding walls of the local jail and workhouse for more than 20 years.<|sentence|> The questions of how, when, and where to confine *534the many, many persons awaiting trial in the Circuit Courts of St. Louis have yet to be answered, even though mayors, judges, and administrators have diligently sought solutions to the problem.
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C. Leventis, Jr., both of Columbia, for Appellant. Paul W. Owen, Jr., of Columbia, for Respondent. *427HEARN, C.J.:
C. Leventis, Jr., both of Columbia, for Appellant.<|sentence|><|paragraph|> Paul W. Owen, Jr., of Columbia, for Respondent.<|sentence|><|paragraph|> *427HEARN, C.J.:
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Atty. Gen., Jefferson City, for respondent. ORDER PER CURIAM. Defendant appeals from his convictions, after a jury trial, of two counts of robbery first degree and one count of carrying a concealed weapon. Defendant was sentenced to twenty years’ imprisonment on each of the robbery counts and five years’ imprisonment on the carrying a concealed weapon count. All sentences were ordered to be served concurrently. No jurisprudential purpose
Atty. Gen., Jefferson City, for respondent.<|sentence|><|paragraph|> ORDER<|paragraph|> PER CURIAM.<|paragraph|> Defendant appeals from his convictions, after a jury trial, of two counts of robbery first degree and one count of carrying a concealed weapon.<|sentence|> Defendant was sentenced to twenty years’ imprisonment on each of the robbery counts and five years’ imprisonment on the carrying a concealed weapon count.<|sentence|> All sentences were ordered to be served concurrently.<|sentence|> No jurisprudential purpose
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preclusion (i.e., the doctrine of collateral estoppel) is important here. Issues resolved in arbitration are not likely to be precluded from litigation on the Dis-chargeability Claim. *See, for example, W.J. O’Neil Co. v. Shepley, Bulfinch, Richardson & Abbott, Inc.,*765 F.
preclusion (i.e., the doctrine of collateral estoppel) is important here.<|sentence|> Issues resolved in arbitration are not likely to be precluded from litigation on the Dis-chargeability Claim.<|sentence|> *See, for example, W.J. O’Neil Co. v. Shepley, Bulfinch, Richardson & Abbott, Inc.,*765 F.
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688, 92 S.Ct. 1877, 1881, 32 L.Ed.2d 411 (1972). Defendant’s final contention, that the trial court erred in failing to submit simple robbery, is based on the fact that the victim admitted on cross-examination that he had not actually examined the gun to see if it was a real gun rather than a toy gun. Without deciding whether a toy gun might under certain circumstances be a dangerous *weapon*—see *LaMere v. State,*278 N.W.2d 552, 556-57 (
688, 92 S.Ct. 1877, 1881, 32 L.Ed.2d 411 (1972).<|sentence|><|paragraph|> Defendant’s final contention, that the trial court erred in failing to submit simple robbery, is based on the fact that the victim admitted on cross-examination that he had not actually examined the gun to see if it was a real gun rather than a toy gun.<|sentence|> Without deciding whether a toy gun might under certain circumstances be a dangerous *weapon*—see *LaMere v. State,*278 N.W.2d 552, 556-57 (
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’s agreement to pay a commission therefor, the agent is entitled to his commission even though the principal does not ship the orders. Nor can the principal defeat the agent’s claim for commission by any arrangement or agreement with the
’s agreement to pay a commission therefor, the agent is entitled to his commission even though the principal does not ship the orders.<|sentence|> Nor can the principal defeat the agent’s claim for commission by any arrangement or agreement with the
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possession or transportation of a .38 caliber revolver is affirmed. The convictions of Solomon and Lee are affirmed. The case is remanded to the district court for resentencing of Walker and for further proceedings not inconsistent with this opinion. Affirmed in part, reversed in part and remanded.
possession or transportation of a .38 caliber revolver is affirmed.<|sentence|> The convictions of Solomon and Lee are affirmed.<|sentence|> The case is remanded to the district court for resentencing of Walker and for further proceedings not inconsistent with this opinion.<|sentence|><|paragraph|> Affirmed in part, reversed in part and remanded.
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RE Application of JONES 2018-0496 Supreme Court of Ohio. May 10, 2018 CASE ANNOUNCEMENTS DISCIPLINARY MATTERS On joint motion to un
RE Application of JONES<|paragraph|> 2018-0496<|paragraph|> Supreme Court of Ohio.<|paragraph|> May 10, 2018<|paragraph|> CASE ANNOUNCEMENTS<|paragraph|> DISCIPLINARY MATTERS<|paragraph|> On joint motion to un
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Sanders LLP, New York City, for defendant. *MEMORANDUM OPINION AND ORDER* HOLWELL, District Judge. Defendant/interpleader-plaintiff Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) seeks reimbursement for $67,708.30 in attorneys’ fees and $1,389.01 in costs for legal services rendered by Dorsey & Whitney LLP in connection with its counterclaim for interpleader. For the reasons set forth below, the Court grants Merrill Lynch attorneys’ fees in the amount of $51,000, and costs in the amount of $1,389.01. I. BACKGROUND
Sanders LLP, New York City, for defendant.<|sentence|><|paragraph|> *MEMORANDUM OPINION AND ORDER*<|paragraph|> HOLWELL, District Judge.<|paragraph|> Defendant/interpleader-plaintiff Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) seeks reimbursement for $67,708.30 in attorneys’ fees and $1,389.01 in costs for legal services rendered by Dorsey & Whitney LLP in connection with its counterclaim for interpleader.<|sentence|> For the reasons set forth below, the Court grants Merrill Lynch attorneys’ fees in the amount of $51,000, and costs in the amount of $1,389.01.<|sentence|><|paragraph|> I. BACKGROUND
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to *854hold and enjoy the property) (quoting *In re Estate of Lienemann,*222 Neb. 169, 177, 382 N.W.2d 595, 601 (1986)). Moreover, while we certainly are not bound by *Fein I*and *Fein II,*we note that our holding today is not inconsistent with those decisions. In *Fein I,*the
to *854hold and enjoy the property) (quoting *In re Estate of Lienemann,*222 Neb. 169, 177, 382 N.W.2d 595, 601 (1986)).<|sentence|> Moreover, while we certainly are not bound by *Fein I*and *Fein II,*we note that our holding today is not inconsistent with those decisions.<|sentence|> In *Fein I,*the
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the resulting excessive currents in the ship channel which cause collisions and groundings. Floods also are detrimental to navigation in that they cause shoaling in the turning basin and channel. They cause substantial direct damages in the flood plain of the lower river and in the city of Beaumont. Low flows result in shortages of fresh water for municipal, agricultural, and industrial uses. For long periods during dry seasons, the flows are insufficient to adequately dilute the waste from the oil fields in the upper watershed and the sewage emptied into the river at Beaumont. > “85. It is apparent that the alle
the resulting excessive currents in the ship channel which cause collisions and groundings.<|sentence|> Floods also are detrimental to navigation in that they cause shoaling in the turning basin and channel.<|sentence|> They cause substantial direct damages in the flood plain of the lower river and in the city of Beaumont.<|sentence|> Low flows result in shortages of fresh water for municipal, agricultural, and industrial uses.<|sentence|> For long periods during dry seasons, the flows are insufficient to adequately dilute the waste from the oil fields in the upper watershed and the sewage emptied into the river at Beaumont.<|sentence|><|paragraph|> > “85. It is apparent that the alle
s3://data.kl3m.ai/documents/dotgov/www.usgs.gov/programs/climate-adaptation-science-centers/news/assessing-future-landslide-risk-alaskas-national.json
park managers plan for new and existing infrastructure to stand up in a changing climate. This landslide research was published in the journal *Atmosphere*. This research was supported through the Alaska CASC project "Assessing the Risk to National Park Service Lands
park managers plan for new and existing infrastructure to stand up in a changing climate.<|sentence|><|paragraph|> This landslide research was published in the journal *Atmosphere*.<|sentence|> This research was supported through the Alaska CASC project "Assessing the Risk to National Park Service Lands
s3://data.kl3m.ai/documents/dotgov/nij.ojp.gov/taxonomy/term/defender-systems.json
and Development Process Strategic Framework Assessments of NIJ Annual Reports & Reports to Congress Staff Directory Funding & Awards Funding & Awards Current Funding Forthcoming Funding Expired Funding Awards: Listing of Funded Projects Guidance for Applicants and Awardees Fellowship & Student Programs Travel Scholarships
and Development Process<|paragraph|> Strategic Framework<|paragraph|> Assessments of NIJ<|paragraph|> Annual Reports & Reports to Congress<|paragraph|> Staff Directory<|paragraph|> Funding & Awards<|paragraph|> Funding & Awards<|paragraph|> Current Funding<|paragraph|> Forthcoming Funding<|paragraph|> Expired Funding<|paragraph|> Awards: Listing of Funded Projects<|paragraph|> Guidance for Applicants and Awardees<|paragraph|> Fellowship & Student Programs<|paragraph|> Travel Scholarships
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renders any examination of its particular alleged defects unnecessary. The plea of tender having been overruled by the county court, a question arose, upon the assessment of damages, in regard to the admission of evidence; upon which the plaintiff excepted to the ruling of the court; and that question has also been argued before us. The plaintiff having introduced the execution issued at the date of the judgment in the original suit, with the officer’s return of *nulla bona*thereon, the defendant was allowed to prove, notwithstanding such return, that the debtor had, at the date of the judgment and of the return, personal property, subject
renders any examination of its particular alleged defects unnecessary.<|sentence|><|paragraph|> The plea of tender having been overruled by the county court, a question arose, upon the assessment of damages, in regard to the admission of evidence; upon which the plaintiff excepted to the ruling of the court;<|sentence|> and that question has also been argued before us.<|sentence|> The plaintiff having introduced the execution issued at the date of the judgment in the original suit, with the officer’s return of *nulla bona*thereon, the defendant was allowed to prove, notwithstanding such return, that the debtor had, at the date of the judgment and of the return, personal property, subject
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.’ And in the opinion in that case (p. 488) it is said: ‘The presumption of malice may arise from a reckless disregard of human life;’ and ‘there are wanton or reckless states of mind which are sometimes the equivalent of a specific intent to kill, and which may and should be treated by the jury as amounting to such intention when productive of violence likely to result in the destruction of life, though not so resulting in the given instance.’” And in the *Chambliss*case the court in its concluding paragraph stated: “There was ample evidence to authorize the jury to find that the defendant; while under
.’ And in the opinion in that case (p. 488) it is said: ‘The presumption of malice may arise from a reckless disregard of human life;<|sentence|>’ and ‘there are wanton or reckless states of mind which are sometimes the equivalent of a specific intent to kill, and which may and should be treated by the jury as amounting to such intention when productive of violence likely to result in the destruction of life, though not so resulting in the given instance.<|sentence|>’” And in the *Chambliss*case the court in its concluding paragraph stated: “There was ample evidence to authorize the jury to find that the defendant; while under
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the evidence what defects, if any there were,, in the proofs of loss furnished by appellees were indicated or specified by appellant. It is true that Mr. Jordt testified
the evidence what defects, if any there were,, in the proofs of loss furnished by appellees were indicated or specified by appellant.<|sentence|> It is true that Mr. Jordt testified
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all counts of the indictment. On February 25, 1999, Lawton was sentenced to twenty months imprisonment, five years supervised release, restitution in the amount of $84,794.19, and a $450.00 special assessment. Within one year of his sentencing, on October 12, 1999, Lawton filed this motion pursuant to 28 U.S.C. § 2255. On March 22, 2000, I appointed counsel to represent Lawton and on September 15, 2000, granted the petitioner leave to amend his motion for relief under 28 U.S.C. § 2255. Lawton’s amended motion was filed on January 8, 2001, which
all counts of the indictment.<|sentence|> On February 25, 1999, Lawton was sentenced to twenty months imprisonment, five years supervised release, restitution in the amount of $84,794.19, and a $450.00 special assessment.<|sentence|> Within one year of his sentencing, on October 12, 1999, Lawton filed this motion pursuant to 28 U.S.C. § 2255.<|sentence|> On March 22, 2000, I appointed counsel to represent Lawton and on September 15, 2000, granted the petitioner leave to amend his motion for relief under 28 U.S.C. § 2255.<|sentence|> Lawton’s amended motion was filed on January 8, 2001, which
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(April 6, 1939.) #### Commissioner of Public Welfare of the City of New York, on the Complaint of Mary O’Reilly, Complainant, Respondent, v. Daniel Garvey, Appellant. The various instruments executed or authorized by the complainant stating that the child was her husband’s, together with the evidence of frequent association between the complainant and her husband, require the conclusion that the strong presumption of legitimacy has not been overcome. Order unanimously reversed and proceeding dismissed. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.
(April 6, 1939.)<|sentence|><|paragraph|> #### Commissioner of Public Welfare of the City of New York, on the Complaint of Mary O’Reilly, Complainant, Respondent, v. Daniel Garvey, Appellant.<|paragraph|> The various instruments executed or authorized by the complainant stating that the child was her husband’s, together with the evidence of frequent association between the complainant and her husband, require the conclusion that the strong presumption of legitimacy has not been overcome.<|sentence|> Order unanimously reversed and proceeding dismissed.<|sentence|> Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.
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bank agreed to finance buyer). The Sweeneys also seek to base their chapter 93A claim on ComFed’s alleged violation of 12 C.F.R. § 545.32. This provision requires, in relevant
bank agreed to finance buyer).<|sentence|><|paragraph|> The Sweeneys also seek to base their chapter 93A claim on ComFed’s alleged violation of 12 C.F.R. § 545.32.<|sentence|> This provision requires, in relevant
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Stoudt, as Administrator, etc., of Charles Baker, Deceased, Respondent, v. Guaranty Trust Company of New York and Another, Appellants. Order affirmed, with twenty dollars costs and disbursements, with leave to the defendants to answer within ten days from service of order upon payment of said costs. No opinion
Stoudt, as Administrator, etc., of Charles Baker, Deceased, Respondent, v. Guaranty Trust Company of New York and Another, Appellants.<|sentence|><|paragraph|> Order affirmed, with twenty dollars costs and disbursements, with leave to the defendants to answer within ten days from service of order upon payment of said costs.<|sentence|> No opinion
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town extended only to selling cars at auction or off the Frenchtown lot. The Tarbox sale, however, took place on the Tarbox lot. Moreover, it is undisputed that Frenchtown had never owned the cars. However, this showing in the Superior Court action of fraudulent conduct by Spigel is not identical to the fraud showing required by § 523(a)(2)(A). The finding of the Rhode Island Superior Court that Spigel engaged in fraudulent conduct is, at most, identical only to the first two elements of the *Palmacci*test, i
town extended only to selling cars at auction or off the Frenchtown lot.<|sentence|> The Tarbox sale, however, took place on the Tarbox lot.<|sentence|> Moreover, it is undisputed that Frenchtown had never owned the cars.<|sentence|><|paragraph|> However, this showing in the Superior Court action of fraudulent conduct by Spigel is not identical to the fraud showing required by § 523(a)(2)(A).<|sentence|> The finding of the Rhode Island Superior Court that Spigel engaged in fraudulent conduct is, at most, identical only to the first two elements of the *Palmacci*test, i
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. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of appellant Paul Macke’s motion to reclassify his merit brief, it is ordered by the court that the motion is granted and the merit brief of Paul Macke is reclassified as an amicus curiae brief. It is further ordered by the court that the notice of appeal of Paul Macke is dismissed for lack of jurisdiction for failure to timely
. This cause is pending before the court as an appeal from the Board of Tax Appeals.<|sentence|><|paragraph|> Upon consideration of appellant Paul Macke’s motion to reclassify his merit brief, it is ordered by the court that the motion is granted and the merit brief of Paul Macke is reclassified as an amicus curiae brief.<|sentence|><|paragraph|> It is further ordered by the court that the notice of appeal of Paul Macke is dismissed for lack of jurisdiction for failure to timely
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provides that the intoxicated driver “is deemed to have given consent” to withdrawal and testing, we have recognized that implied consent “establishes the basic principle that a driver impliedly agrees to submit to a test in return for the privilege of using the public highways.” *State v. Hitchens,*294 N.W.2d 686, 687 (Iowa 1980). However, recognizing the potential inva-siveness of collecting bodily substances, the legislature did not endow the State with the unfettered
provides that the intoxicated driver “is deemed to have given consent” to withdrawal and testing, we have recognized that implied consent “establishes the basic principle that a driver impliedly agrees to submit to a test in return for the privilege of using the public highways.”<|sentence|> *State v. Hitchens,*294 N.W.2d 686, 687 (Iowa 1980).<|paragraph|> However, recognizing the potential inva-siveness of collecting bodily substances, the legislature did not endow the State with the unfettered
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of said deceased is vested in said heir, subject to the homestead and dower rights of said Elizabeth T. Sessions, widow of said deceased, to have and to hold forever.” It is this action of the probate court which we are asked to review. The constitutionality of the act is drawn in question by counsel for appellants
of said deceased is vested in said heir, subject to the homestead and dower rights of said Elizabeth T. Sessions, widow of said deceased, to have and to hold forever.”<|sentence|><|paragraph|> It is this action of the probate court which we are asked to review.<|sentence|><|paragraph|> The constitutionality of the act is drawn in question by counsel for appellants
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pendent state law claims. II. Because the district court did not consider matters outside the pleadings, we review de novo the dismissal for lack of subject matter jurisdiction. *See Osborn v. United States,*918 F.2d 724, 730 (8th Cir.1990). A. Fiduciary Duty Claims We conclude that the district court correctly determined that the complaint failed to state a claim against either Thompson or Valley Forge for violation of a fiduciary duty owed
pendent state law claims.<|sentence|><|paragraph|> II.<|paragraph|> Because the district court did not consider matters outside the pleadings, we review de novo the dismissal for lack of subject matter jurisdiction.<|sentence|> *See Osborn v. United States,*918 F.2d 724, 730 (8th Cir.1990).<|sentence|><|paragraph|> A. Fiduciary Duty Claims<|paragraph|> We conclude that the district court correctly determined that the complaint failed to state a claim against either Thompson or Valley Forge for violation of a fiduciary duty owed
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a decree for complainants, the named intervener appeals. Affirmed. Henry King Siebeneek, of Pittsburgh, Pa. (J. D. Bell, of Pittsburgh, Pa., on the brief), for appellant. Thomas B. Jackson, of Charleston, W. Va., and Arthur B. Van Buskirk and H. V. Blaxter, both of Pittsburgh, Pa. (Lon H. Kelly, of Charleston, W. Va., Blaxter & O’Neil and Alexander C. Tener, all of Pittsburgh, Pa., Brown, Jackson & Knight, of Charleston,
a decree for complainants, the named intervener appeals.<|sentence|><|paragraph|> Affirmed.<|sentence|><|paragraph|> Henry King Siebeneek, of Pittsburgh, Pa.<|sentence|> (J. D. Bell, of Pittsburgh, Pa., on the brief), for appellant.<|sentence|><|paragraph|> Thomas B. Jackson, of Charleston, W. Va., and Arthur B. Van Buskirk and H. V. Blaxter, both of Pittsburgh, Pa.<|sentence|> (Lon H. Kelly, of Charleston, W. Va., Blaxter & O’Neil and Alexander C. Tener, all of Pittsburgh, Pa., Brown, Jackson & Knight, of Charleston,
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lawful wife other than said A., cannot be construed to mean that A. was also his wife, especially where another sentence stated that said defendant and A. were not then and there married to each other. See 30 Words and Phrases, Permanent Edition, p. 492. *168When the two concluding alternative phrases employed in the indictment are considered, it was the charge in both phrases that an unlawful fee was taken. The words “or was a fee
lawful wife other than said A., cannot be construed to mean that A. was also his wife, especially where another sentence stated that said defendant and A. were not then and there married to each other.<|sentence|> See 30 Words and Phrases, Permanent Edition, p. 492.<|sentence|><|paragraph|> *168When the two concluding alternative phrases employed in the indictment are considered, it was the charge in both phrases that an unlawful fee was taken.<|sentence|> The words “or was a fee
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#### STATE of Louisiana v. Marvin DAVIS. No. 2012-K-0597. Supreme Court of Louisiana. June 15, 2012. In re Davis, Marvin; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, Div. J,
#### STATE of Louisiana v. Marvin DAVIS.<|sentence|><|paragraph|> No. 2012-K-0597.<|sentence|><|paragraph|> Supreme Court of Louisiana.<|sentence|><|paragraph|> June 15, 2012.<|sentence|><|paragraph|> In re Davis, Marvin; — Defendant;<|sentence|> Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, Div. J,
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ENCE INQUIRY WHICH DREW A CURATIVE INSTRUCTION FROM THE MILITARY JUDGE. ON APPEAL, THE LOWER COURT ATTACHED, OVER DEFENSE OBJECTION, WHAT PURPORTED TO BE THE. MISSING SECTION. THIS SECTION WAS NOT PROPERLY AUTHENTICATED NOR DOES IT ACCURATELY REFLECT THE MISSING PORTION. MAY APPELLANT’S PUNITIVE DISCHARGE BE AFFIRMED DESPITE THE LACK
ENCE INQUIRY WHICH DREW A CURATIVE INSTRUCTION FROM THE MILITARY JUDGE.<|sentence|> ON APPEAL, THE LOWER COURT ATTACHED, OVER DEFENSE OBJECTION, WHAT PURPORTED TO BE THE.<|sentence|> MISSING SECTION.<|sentence|> THIS SECTION WAS NOT PROPERLY AUTHENTICATED NOR DOES IT ACCURATELY REFLECT THE MISSING PORTION.<|sentence|> MAY APPELLANT’S PUNITIVE DISCHARGE BE AFFIRMED DESPITE THE LACK
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the exertion of influence by the grantee, is a consideration of primary importance in this connection, in cases where the transaction is in itself improvident or disadvantageous to the grantor. And the fact that the grantor is lacking in such mental vigor as to enable him to protect himself against imposition is a reason for the interposition of equity to protect him,
the exertion of influence by the grantee, is a consideration of primary importance in this connection, in cases where the transaction is in itself improvident or disadvantageous to the grantor.<|sentence|> And the fact that the grantor is lacking in such mental vigor as to enable him to protect himself against imposition is a reason for the interposition of equity to protect him,
s3://data.kl3m.ai/documents/dotgov/www.ginniemae.gov/issuers/program_guidelines.json
submission process, an authorized signatory for the Issuer, which can be found on the Issuer’s Form HUD-11702, must certify the fidelity bond and E&O insurance information being submitted. Issuers are no longer required to include an insurance certificate with their submission but have the option to do so if they so choose. Applicants seeking approval to become Ginnie Mae Issuers will continue to submit fidelity bond and E&O insurance policies as required by Chapter 2, Part 7 and Chapter 7 Part 4 of the MBS Guide as part of the application process. **New Requirements for Audited Financial Statement Submissions**
submission process, an authorized signatory for the Issuer, which can be found on the Issuer’s Form HUD-11702, must certify the fidelity bond and E&O insurance information being submitted.<|sentence|> Issuers are no longer required to include an insurance certificate with their submission but have the option to do so if they so choose.<|sentence|> Applicants seeking approval to become Ginnie Mae Issuers will continue to submit fidelity bond and E&O insurance policies as required by Chapter 2, Part 7 and Chapter 7 Part 4 of the MBS Guide as part of the application process.<|sentence|><|paragraph|> **New Requirements for Audited Financial Statement Submissions**
s3://data.kl3m.ai/documents/cap/2369494.json
appeals. The evidence presented for plaintiff, for the purposes of the appeal, must be taken as true, and is sufficient to sustain a finding that the warranty and representations were made, and that the tractor failed to do the work for which it was intended. Except as to the “new motor” the representa*679tions were in the nature of warranty, and are
appeals.<|sentence|><|paragraph|> The evidence presented for plaintiff, for the purposes of the appeal, must be taken as true, and is sufficient to sustain a finding that the warranty and representations were made, and that the tractor failed to do the work for which it was intended.<|sentence|> Except as to the “new motor” the representa*679tions were in the nature of warranty, and are
s3://data.kl3m.ai/documents/cap/2927495.json
. At the arraignment, plea, and sentencing, petitioner and his brother were represented by the same attorney. This attorney had been hired by them. At no time during the course of the proceedings
. At the arraignment, plea, and sentencing, petitioner and his brother were represented by the same attorney.<|sentence|> This attorney had been hired by them.<|sentence|> At no time during the course of the proceedings
s3://data.kl3m.ai/documents/cap/11087731.json
in the State of Louisiana. The commissioner subsequently issued a report recommending that petitioner be admitted to the practice of law. Upon reviewing the recommendation, we believed further investigation was warranted, and issued an order transferring the matter to the Office of Disciplinary Counsel (“ODC”). The ODC was authorized to conduct an investigation into the qualifications of petitioner to be admitted to the bar and to issue a written report
in the State of Louisiana.<|sentence|> The commissioner subsequently issued a report recommending that petitioner be admitted to the practice of law.<|sentence|> Upon reviewing the recommendation, we believed further investigation was warranted, and issued an order transferring the matter to the Office of Disciplinary Counsel (“ODC”).<|sentence|> The ODC was authorized to conduct an investigation into the qualifications of petitioner to be admitted to the bar and to issue a written report
s3://data.kl3m.ai/documents/dotgov/www.cdc.gov/healthyschools/bam/cards/snow.html.json
Education Time for Lunch School Meals Smart Snacks Celebrations and Rewards Food and Beverage Marketing Water Access Water Access Microlearning Videos Staff Role Modeling Energy Drinks What School Nutrition Professionals Need to Know About COVID-19 Modifying School Spaces During Mealtimes to Reduce Spread of COVID-19 Out of School Timeplus icon Supporting Students with Chronic Health Conditions in School-Based
Education<|paragraph|> Time for Lunch<|paragraph|> School Meals<|paragraph|> Smart Snacks<|paragraph|> Celebrations and Rewards<|paragraph|> Food and Beverage Marketing<|paragraph|> Water Access<|paragraph|> Water Access Microlearning Videos<|paragraph|> Staff Role Modeling<|paragraph|> Energy Drinks<|paragraph|> What School Nutrition Professionals Need to Know About COVID-19<|paragraph|> Modifying School Spaces During Mealtimes to Reduce Spread of COVID-19<|paragraph|> Out of School Timeplus icon<|paragraph|> Supporting Students with Chronic Health Conditions in School-Based
s3://data.kl3m.ai/documents/dotgov/www.usgs.gov/media/images/oregon-spotted-frog-a-pond.json
survey of frog egg masses. Oregon spotted frogs are listed as threatened under the Endangered Species Act. ### Sources/Usage Public Domain. Photo by Marcus Rehrman ### Explore Search - Biology -
survey of frog egg masses.<|sentence|> Oregon spotted frogs are listed as threatened under the Endangered Species Act.<|sentence|><|paragraph|> ### Sources/Usage Public Domain.<|sentence|><|paragraph|> Photo by Marcus Rehrman<|paragraph|> ### Explore Search - Biology -
s3://data.kl3m.ai/documents/cap/366857.json
and cases cited. But petitioner’s filing of a motion for leave to appeal with the clerk of the district court was a sufficient application, in view of the fact that an appeal
and cases cited.<|sentence|> But petitioner’s filing of a motion for leave to appeal with the clerk of the district court was a sufficient application, in view of the fact that an appeal
s3://data.kl3m.ai/documents/cap/3065638.json
consequences of *Seider.”* Plaintiff’s choice of forum should not predominate here since this is essentially a Pennsylvania case and “it was possible to bring it in New York only because of the coincidence that defendant’s
consequences of *Seider.”*<|sentence|><|paragraph|> Plaintiff’s choice of forum should not predominate here since this is essentially a Pennsylvania case and “it was possible to bring it in New York only because of the coincidence that defendant’s
s3://data.kl3m.ai/documents/cap/2973517.json
Corp. Application denied, with $10 costs, and the stay is vacated. Concur — Botein, P. J., M. M. Frank, Valente, McNally and Bergan, J
Corp.<|sentence|> Application denied, with $10 costs, and the stay is vacated.<|sentence|> Concur — Botein, P. J., M. M. Frank, Valente, McNally and Bergan, J
s3://data.kl3m.ai/documents/dotgov/www.nrc.gov/docs/ML0431/ML043140318.pdf.json
* Boric Acid Corrosion Control Guidelines 22 I Deliverables n BWR VIP . Steam Dryers n Fuel Reliability * AOA Guideline Revision I a Performance Metrics * Overall coordination with ASME M E: I 23 b Proposed Performance Metrics • Unexpected materials related
* Boric Acid Corrosion Control Guidelines<|paragraph|> 22<|paragraph|> I<|paragraph|> Deliverables<|paragraph|> n BWR VIP<|paragraph|> . Steam Dryers<|paragraph|> n Fuel Reliability<|paragraph|> * AOA Guideline Revision I<|paragraph|> a Performance Metrics<|paragraph|> * Overall coordination with<|paragraph|> ASME<|paragraph|> M E: I<|paragraph|> 23 b<|paragraph|> Proposed Performance<|paragraph|> Metrics<|paragraph|> • Unexpected materials related
s3://data.kl3m.ai/documents/cap/4162984.json
defense counsel *refused*to stipulate generally to his client’s felon status.... For this reason, the present case is distinguishable from ... *Old Chief.”).* 9 . Generally speaking, we do not disagree with the principle articulated in dicta by the Tenth Circuit in *United States v. Bagby,*696 F.3d 1074, 1085 n
defense counsel *refused*to stipulate generally to his client’s felon status.... For this reason, the present case is distinguishable from ... *Old Chief.”).<|sentence|><|paragraph|>* 9 . Generally speaking, we do not disagree with the principle articulated in dicta by the Tenth Circuit in *United States v. Bagby,*696 F.3d 1074, 1085 n
s3://data.kl3m.ai/documents/cap/153282.json
, if competitive carriers are forced at the same time to make unilateral cutbacks, they may choose to withdraw simultaneously from thin markets in favor of each other — thus leaving these markets totally without service. That
, if competitive carriers are forced at the same time to make unilateral cutbacks, they may choose to withdraw simultaneously from thin markets in favor of each other — thus leaving these markets totally without service.<|sentence|> That
s3://data.kl3m.ai/documents/cap/7419778.json
§ 13A-11-8, Ala. Code 1975. However, he presents no claims on appeal concerning that conviction. 3 . Investigators discovered that a garage window had been broken. The garage door had apparently been opened from inside. Also stolen from the garage were Gunnison’s 173⁄8 foot bass boat, a boat trailer, and various tools belonging to Gun-nison. The day following the break-in, Gunni-son’s boat
§ 13A-11-8, Ala. Code 1975.<|sentence|> However, he presents no claims on appeal concerning that conviction.<|sentence|><|paragraph|> 3 . Investigators discovered that a garage window had been broken.<|sentence|> The garage door had apparently been opened from inside.<|sentence|> Also stolen from the garage were Gunnison’s 173⁄8 foot bass boat, a boat trailer, and various tools belonging to Gun-nison.<|sentence|> The day following the break-in, Gunni-son’s boat
s3://data.kl3m.ai/documents/cap/3153296.json
the Guidelines range. On appeal, Ortiz argues the district court erred when it concluded it was required to consider the Guidelines as presumptively reasonable. She claims the meaning and import of the other statutory considerations enumerated in 18 U.S.C. § 3553(a) were undermined
the Guidelines range.<|sentence|> On appeal, Ortiz argues the district court erred when it concluded it was required to consider the Guidelines as presumptively reasonable.<|sentence|> She claims the meaning and import of the other statutory considerations enumerated in 18 U.S.C. § 3553(a) were undermined
s3://data.kl3m.ai/documents/cap/4037825.json
485, 485 [2002]; *see Krantz v Krantz,*175 AD2d 863, 864 [1991]). Further, ‘ ‘ [m] edifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as when a party cannot meet his or her financial obligations” *(Nealis v Nealis,*71 AD3d 851, 852 [2010]; *see Conyea v Conyea,*81 AD3d 869, 870 [2011]; *Malik v Malik,*66 AD3d 968, 968 [2009]). “Perceived inequities in pendente lite awards are
485, 485 [2002]; *see Krantz v Krantz,*175 AD2d 863, 864 [1991]).<|sentence|> Further, ‘ ‘ [m] edifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as when a party cannot meet his or her financial obligations” *(Nealis v Nealis,*71 AD3d 851, 852 [2010]; *see Conyea v Conyea,*81 AD3d 869, 870 [2011]; *Malik v Malik,*66 AD3d 968, 968 [2009]).<|sentence|> “Perceived inequities in pendente lite awards are
s3://data.kl3m.ai/documents/cap/3816882.json
applied and that the traveling employee doctrine is not valid in Michigan. Auto Club Insurance Association appealed. The Court of Appeals *held:* The traveling employee doctrine, which considers employees required to travel as a part of their business activities to be continuously in the course of their employment while on a business trip (except when a distinct departure on a personal errand
applied and that the traveling employee doctrine is not valid in Michigan.<|sentence|> Auto Club Insurance Association appealed.<|sentence|><|paragraph|> The Court of Appeals *held:*<|paragraph|> The traveling employee doctrine, which considers employees required to travel as a part of their business activities to be continuously in the course of their employment while on a business trip (except when a distinct departure on a personal errand
s3://data.kl3m.ai/documents/cap/4893386.json
the materiality of the matters which it is claimed the plaintiff concealed. The materiality of the matters misrepresented or concealed is not a question ■directly for the, jury’s determination. The question for the jury to determine is, acting reasonably and naturally in accordance with
the materiality of the matters which it is claimed the plaintiff concealed.<|sentence|> The materiality of the matters misrepresented or concealed is not a question ■directly for the, jury’s determination.<|sentence|> The question for the jury to determine is, acting reasonably and naturally in accordance with
s3://data.kl3m.ai/documents/cap/1286456.json
the title. *(Hall*v. Robinson, 2 Coms. 293.) On the subject of demand, Brown, whose position before the court in regard to credit, under the circumstances proved, can hardly be deemed better than that of the defendant, testifies to a loan of all the articles, and that he demanded them again on behalf of the plaintiff. The defendant being admitted to testify, denies that he borrowed a portion of the articles, or rather says that he purchased them, and
the title.<|sentence|> *(Hall*v. Robinson, 2 Coms. 293.)<|sentence|><|paragraph|> On the subject of demand, Brown, whose position before the court in regard to credit, under the circumstances proved, can hardly be deemed better than that of the defendant, testifies to a loan of all the articles, and that he demanded them again on behalf of the plaintiff.<|sentence|> The defendant being admitted to testify, denies that he borrowed a portion of the articles, or rather says that he purchased them, and
s3://data.kl3m.ai/documents/cap/5705395.json
decisions that might have caused that judgment, and in particular his contention that the district court erred in denying his motion to amend his complaint in order to name Officer Dale Radwin as a defendant. We review a district court’
decisions that might have caused that judgment, and in particular his contention that the district court erred in denying his motion to amend his complaint in order to name Officer Dale Radwin as a defendant.<|sentence|> We review a district court’
s3://data.kl3m.ai/documents/cap/1149836.json
381dure was suggestive *(see, People v Chipp,*75 NY2d 327, *cert denied*498 US 833). The defendant’s contention that his statement was not voluntary because he had a broken nose when he made the statement is also without merit. There was no evidence presented at the *Huntley*hearing that the defendant was suffering from such pain or discomfort that he did not know what he was doing when he made the statement *(see, People v Pearson,*106 AD2d 588). Nor was there evidence presented that the
381dure was suggestive *(see, People v Chipp,*75 NY2d 327, *cert denied*498 US 833).<|sentence|><|paragraph|> The defendant’s contention that his statement was not voluntary because he had a broken nose when he made the statement is also without merit.<|sentence|> There was no evidence presented at the *Huntley*hearing that the defendant was suffering from such pain or discomfort that he did not know what he was doing when he made the statement *(see, People v Pearson,*106 AD2d 588).<|sentence|> Nor was there evidence presented that the
s3://data.kl3m.ai/documents/cap/4149972.json
to reconsider because he failed to identify any error of fact or law in the BIA’s prior order. *See*8 C.F.R. § 1003.2(b)(1). We lack jurisdiction to consider Barron-Miranda’s contentions regarding relief under the Convention Against Torture because he did not raise them in his
to reconsider because he failed to identify any error of fact or law in the BIA’s prior order.<|sentence|> *See*8 C.F.R. § 1003.2(b)(1).<|sentence|><|paragraph|> We lack jurisdiction to consider Barron-Miranda’s contentions regarding relief under the Convention Against Torture because he did not raise them in his
s3://data.kl3m.ai/documents/cap/4302626.json
review are well established. *See*8 U.S.C. § 1252(b)(4)(B); *Yanqin Weng v. Holder,*562 F.3d 510, 513 (2d Cir.2009). Our scope of review is limited to consideration of whether Sherpa met his burden of proof for asylum, withholding of removal, and CAT relief, because the BIA declined to address or explicitly affirm the other aspects of the IJ’s decision. *See Xue Hong Yang,*426 F.3d at 522. Sherpa argues that he suffered past persecution at the hands of Maoists in Nepal who threatened to
review are well established.<|sentence|> *See*8 U.S.C. § 1252(b)(4)(B); *Yanqin Weng v. Holder,*562 F.3d 510, 513 (2d Cir.2009).<|sentence|> Our scope of review is limited to consideration of whether Sherpa met his burden of proof for asylum, withholding of removal, and CAT relief, because the BIA declined to address or explicitly affirm the other aspects of the IJ’s decision.<|sentence|> *See Xue Hong Yang,*426 F.3d at 522.<|sentence|><|paragraph|> Sherpa argues that he suffered past persecution at the hands of Maoists in Nepal who threatened to
s3://data.kl3m.ai/documents/cap/8499391.json
assets.” The settlement of the estate as insolvent, was made in that case, as in the one under consideration, under the act of 1806, which declares “ That if any creditor shall not make out his claim with the commissioners, within the time of their commission, or before referees, or at
assets.”<|sentence|> The settlement of the estate as insolvent, was made in that case, as in the one under consideration, under the act of 1806, which declares “ That if any creditor shall not make out his claim with the commissioners, within the time of their commission, or before referees, or at