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s3://data.kl3m.ai/documents/cap/6075196.json | to the bonds during the dates of sale and repurchase, but rather upon the broader issue as to who, under the understanding between the bank and its customers, was entitled to receive, and who, as carried out, did receive the interest payments made by the issuing authorities of such bonds when collected and paid. The record shows that the true relationship between the petitioner and its customers, in these transactions, was | to the bonds during the dates of sale and repurchase, but rather upon the broader issue as to who, under the understanding between the bank and its customers, was entitled to receive, and who, as carried out, did receive the interest payments made by the issuing authorities of such bonds when collected and paid.<|sentence|> The record shows that the true relationship between the petitioner and its customers, in these transactions, was |
s3://data.kl3m.ai/documents/cap/8529758.json | denied April 5, 1956.
Thomas Pepper, of Spring-field, for appellants.
John D. Sprouse and George Yost, both of Springfield, for appellee.
*589Mr. Justice Prewitt
delivered the opinion of the Court.
This case was tried on stipulation of facts. The County Judge overruled the exceptions to the claim of Redell King, amounting to $1,619.20, and adjudged the claim to be a valid claim against the estate of Boyd H. Holland, deceased. This -appeal | denied April 5, 1956.<|sentence|><|paragraph|>
Thomas Pepper, of Spring-field, for appellants.<|sentence|><|paragraph|>
John D. Sprouse and George Yost, both of Springfield, for appellee.<|sentence|><|paragraph|>
*589Mr. Justice Prewitt<|paragraph|>
delivered the opinion of the Court.<|sentence|><|paragraph|>
This case was tried on stipulation of facts.<|sentence|> The County Judge overruled the exceptions to the claim of Redell King, amounting to $1,619.20, and adjudged the claim to be a valid claim against the estate of Boyd H. Holland, deceased.<|sentence|> This -appeal |
s3://data.kl3m.ai/documents/cap/1985686.json | for judicial consideration at any time by the Court which granted the decree of divorce. Meadows v. Meadows, 78 Fla. 567, 83 So. Rep. 392. | for judicial consideration at any time by the Court which granted the decree of divorce.<|sentence|> Meadows v. Meadows, 78 Fla. 567, 83 So. Rep. 392. |
s3://data.kl3m.ai/documents/dotgov/www.cdc.gov/orr/infographics/8tipstocleanupmold_japanese.htm.json | ク:カビ対策に有効なポイント8選
アラビア語チャモロ語中国語チ | ク:カビ対策に有効なポイント8選<|paragraph|>
アラビア語チャモロ語中国語チ |
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s3://data.kl3m.ai/documents/cap/1551504.json | was estopped from making any defense to the foreclosure of said liens. To each of said replies appellant filed a demurrer, and each of said demurrers was overruled by the court,; that, upon the complaint in said suit, the cross-complaints and the answers thereto, and the answer of said Hoover disclaiming any interest therein, the title to said real estate was put in issue, and, the issue being made, the cause was submitted to the court for trial, judgment, and decree upon the agreement of the parties, and, in accordance with the agreement, the court rendered judgments against said Hoover in favor of the following | was estopped from making any defense to the foreclosure of said liens.<|sentence|> To each of said replies appellant filed a demurrer, and each of said demurrers was overruled by the court,;<|sentence|> that, upon the complaint in said suit, the cross-complaints and the answers thereto, and the answer of said Hoover disclaiming any interest therein, the title to said real estate was put in issue, and, the issue being made, the cause was submitted to the court for trial, judgment, and decree upon the agreement of the parties, and, in accordance with the agreement, the court rendered judgments against said Hoover in favor of the following |
s3://data.kl3m.ai/documents/cap/4211157.json | debt owed to Fannie Mae, the true creditor. Plaintiffs allegations, as construed in the light most favorable to Plaintiff as required on review of a motion to dismiss, therefore reasonably raise the inference that Nationstar was acting “solely for the purpose of facilitating collection of [the] debt for another,” namely Fannie Mae. Indeed, the plain language of § 1692a(4) recognizes that an entity may acquire | debt owed to Fannie Mae, the true creditor.<|sentence|> Plaintiffs allegations, as construed in the light most favorable to Plaintiff as required on review of a motion to dismiss, therefore reasonably raise the inference that Nationstar was acting “solely for the purpose of facilitating collection of [the] debt for another,” namely Fannie Mae.<|sentence|> Indeed, the plain language of § 1692a(4) recognizes that an entity may acquire |
s3://data.kl3m.ai/documents/cap/3050588.json | Pistritto et al., Appellants.
[812 NYS2d 361]
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated May 11, 2005, which granted the plaintiffs motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court properly granted the motion to restore the action to the trial calendar. Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur. | Pistritto et al., Appellants.<|sentence|><|paragraph|>
[812 NYS2d 361]<|paragraph|>
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated May 11, 2005, which granted the plaintiffs motion to restore the action to the trial calendar.<|sentence|><|paragraph|>
Ordered that the order is affirmed, with costs.<|sentence|><|paragraph|>
Under the circumstances of this case, the Supreme Court properly granted the motion to restore the action to the trial calendar.<|sentence|> Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur. |
s3://data.kl3m.ai/documents/cap/3602253.json | *628Order of the Court:
The motion by the Administrator of the Attorney Registration and Disciplinary Commission to approve and confirm the report and recommendation of the Hearing Board is allowed. Respondent Julie M. Baldwin is suspended from the practice of law for two years and until | *628Order of the Court:<|paragraph|>
The motion by the Administrator of the Attorney Registration and Disciplinary Commission to approve and confirm the report and recommendation of the Hearing Board is allowed.<|sentence|> Respondent Julie M. Baldwin is suspended from the practice of law for two years and until |
s3://data.kl3m.ai/documents/cap/8760168.json | esos extremos, el registrador se negó a inscribirla por no estar inscrita a favor de la vende-dora la finca de la cual se hace | esos extremos, el registrador se negó a inscribirla por no estar inscrita a favor de la vende-dora la finca de la cual se hace |
s3://data.kl3m.ai/documents/cap/9031349.json | NEE PROSTHESIS PRODUCTS LIABILITY LITIGATION. Certified Class, Plaintiffs, Linda Mediate (03-4325/4518; 04-3360); Cecee C. Kane and Joseph P. Kane (03-4519; 04-3293/3361), Plaintiffs-Appellants, v. Sulzer Medica et al., Defendants-Appellees, Sulzer Settlement Trust, Appellee.
Nos. 03-4325, 03 | NEE PROSTHESIS PRODUCTS LIABILITY LITIGATION.<|sentence|> Certified Class, Plaintiffs, Linda Mediate (03-4325/4518; 04-3360); Cecee C. Kane and Joseph P. Kane (03-4519; 04-3293/3361), Plaintiffs-Appellants, v. Sulzer Medica et al., Defendants-Appellees, Sulzer Settlement Trust, Appellee.<|sentence|><|paragraph|>
Nos. 03-4325, 03 |
s3://data.kl3m.ai/documents/cap/6815451.json | at the October 4, 1991 motion hearing. Approximately three more months elapsed before the plaintiff filed the December 30, 1991 motion to vacate at issue on this appeal.
Based on the foregoing, we find no error of law in the court’s October 4, 1991 revocation of its conditional allowance of the plaintiffs first motion to vacate, and | at the October 4, 1991 motion hearing.<|sentence|> Approximately three more months elapsed before the plaintiff filed the December 30, 1991 motion to vacate at issue on this appeal.<|sentence|><|paragraph|>
Based on the foregoing, we find no error of law in the court’s October 4, 1991 revocation of its conditional allowance of the plaintiffs first motion to vacate, and |
s3://data.kl3m.ai/documents/cap/7579623.json | 28, 1987.
James W. Nobles, Jr., H. Lanier B. Foote, Jackson, for appellant.
James A. Becker, Jr., David L. Ayers, Watkins & Eager, Dixon L. Pyles, Pyles & Tucker, Jackson, for appellees.
Appeal from Chancery Court, Hinds County; Stuart Robinson, Chancellor.
Before | 28, 1987.<|sentence|><|paragraph|>
James W. Nobles, Jr., H. Lanier B. Foote, Jackson, for appellant.<|sentence|><|paragraph|>
James A. Becker, Jr., David L. Ayers, Watkins & Eager, Dixon L. Pyles, Pyles & Tucker, Jackson, for appellees.<|sentence|><|paragraph|>
Appeal from Chancery Court, Hinds County; Stuart Robinson, Chancellor.<|sentence|><|paragraph|>
Before |
s3://data.kl3m.ai/documents/cap/2147760.json | ack, supra;*and *People*v. *Johnson,*140 Cal.App.2d 613 [295 P.2d 493]. In those cases there was evidence from which the trial court could have concluded (or did conclude) that the instrumentality of death or injury was used defensively, negligently, or accidentally, hence not used as a deadly weapon. Here, where defendants deliberately and repeatedly struck their victim on the head with a metal bar capable | ack, supra;*and *People*v. *Johnson,*140 Cal.App.2d 613 [295 P.2d 493].<|sentence|> In those cases there was evidence from which the trial court could have concluded (or did conclude) that the instrumentality of death or injury was used defensively, negligently, or accidentally, hence not used as a deadly weapon.<|sentence|> Here, where defendants deliberately and repeatedly struck their victim on the head with a metal bar capable |
s3://data.kl3m.ai/documents/cap/5409381.json | persons to sell, in the said Town of Denning, intoxicating liquor when legally licensed so to do. That afterwards, at an election held on the first Tuesday in April, A. D. 1914, in said Town of Denning, there was submitted to the legal voters of said town the following proposition: ‘Shall the Town of Denning become anti-saloon territory’? and the majority of the legal voters voting at said election voted *173‘Yes’ on said proposition. That by virtue of the provisions of the statute of the State of Illinois, relative thereto | persons to sell, in the said Town of Denning, intoxicating liquor when legally licensed so to do.<|sentence|> That afterwards, at an election held on the first Tuesday in April, A. D. 1914, in said Town of Denning, there was submitted to the legal voters of said town the following proposition: ‘Shall the Town of Denning become anti-saloon territory’? and the majority of the legal voters voting at said election voted *173‘Yes’ on said proposition.<|sentence|> That by virtue of the provisions of the statute of the State of Illinois, relative thereto |
s3://data.kl3m.ai/documents/cap/9474593.json | Supreme Court of Louisiana.
Sept. 21, 2001.
In re Alexandria City of; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. F, Nos. 200, 663; to the Court of Appeal, Third Circuit, | Supreme Court of Louisiana.<|sentence|><|paragraph|>
Sept. 21, 2001.<|sentence|><|paragraph|>
In re Alexandria City of; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. F, Nos. 200, 663; to the Court of Appeal, Third Circuit, |
s3://data.kl3m.ai/documents/cap/103673.json | of a Court Order, as charged in count I, do not use Special Verdict Form A. If you find the defendant guilty, you *145will then use Special Verdict Form A and fill in the blank “yes” or “no” according to the decision you reach.
> In order to answer the question on the special verdict form “yes”, you must unanimously be satisfied beyond a reasonable | of a Court Order, as charged in count I, do not use Special Verdict Form A.<|sentence|> If you find the defendant guilty, you *145will then use Special Verdict Form A and fill in the blank “yes” or “no” according to the decision you reach.<|sentence|><|paragraph|>
> In order to answer the question on the special verdict form “yes”, you must unanimously be satisfied beyond a reasonable |
s3://data.kl3m.ai/documents/cap/200149.json | non-constitutional right of “fundamental fairness” guaranteeing that a defendant may testify before the grand jury if he so chooses. *United States v. Salsedo,*607 F.2d 318, 319 (9th Cir. 1979). A grand jury proceeding is not an adversary proceeding in which the defendant’s guilt is adjudicated. Accordingly, an accused has ... no right of cross-examination, or of introducing evidence to rebut (a) prosecutor’s presentation. *United States v. Y. Hata & Co.,*535 F.2d 508, 512 (9th Cir.), *cert. denied,*429 | non-constitutional right of “fundamental fairness” guaranteeing that a defendant may testify before the grand jury if he so chooses.<|sentence|> *United States v. Salsedo,*607 F.2d 318, 319 (9th Cir. 1979).<|sentence|> A grand jury proceeding is not an adversary proceeding in which the defendant’s guilt is adjudicated.<|sentence|> Accordingly, an accused has ... no right of cross-examination, or of introducing evidence to rebut (a) prosecutor’s presentation.<|sentence|> *United States v. Y. Hata & Co.,*535 F.2d 508, 512 (9th Cir.), *cert. denied,*429 |
s3://data.kl3m.ai/documents/cap/245020.json | mission of his desire to be subjected to the provisions of the Workers’ Compensation Act. The circuit court is therefore affirmed.” 298 S.C. at 248.
Although the Kansas Workers Compensation Act is to be liberally construed to provide workers compensation coverage, the Kansas Legislature did not adopt a substantial compliance standard for bringing employers within the Act.
Coverage under K.S.A. 1998 Supp. 44-505 is by a written statement of | mission of his desire to be subjected to the provisions of the Workers’ Compensation Act.<|sentence|> The circuit court is therefore affirmed.”<|sentence|> 298 S.C. at 248.<|paragraph|>
Although the Kansas Workers Compensation Act is to be liberally construed to provide workers compensation coverage, the Kansas Legislature did not adopt a substantial compliance standard for bringing employers within the Act.<|sentence|><|paragraph|>
Coverage under K.S.A. 1998 Supp. 44-505 is by a written statement of |
s3://data.kl3m.ai/documents/cap/5303269.json | STATE OF CONNECTICUT *v.*PAUL FRANCIS
Decided July 13, 2004
*Michael O. Sheehan*and *George G. Kouros,*in support of the petition.
*John A. East III,*senior assistant state’s attorney, in opposition.
The defendant’s petition for certification for appeal from the Appellate Court, 83 Conn. App. 226 (AC 21647), is denied. | STATE OF CONNECTICUT *v.*PAUL FRANCIS<|paragraph|>
Decided July 13, 2004<|paragraph|>
*Michael O. Sheehan*and *George G. Kouros,*in support of the petition.<|sentence|><|paragraph|>
*John A. East III,*senior assistant state’s attorney, in opposition.<|sentence|><|paragraph|>
The defendant’s petition for certification for appeal from the Appellate Court, 83 Conn. App. 226 (AC 21647), is denied. |
s3://data.kl3m.ai/documents/dotgov/highways.dot.gov/newsroom/us-department-transportation-announces-confirmation-shailen-bhatt-21st-administrator.json | About FHWAFHWA Organization
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s3://data.kl3m.ai/documents/cap/4432897.json | the tax levy, or, when collected, the fund arising from such levy. He who lias collected or who holds it, or who is asserting- the lawful right to collect it, | the tax levy, or, when collected, the fund arising from such levy.<|sentence|> He who lias collected or who holds it, or who is asserting- the lawful right to collect it, |
s3://data.kl3m.ai/documents/cap/3536032.json | to the jury. McGoldrick v. Railroad Co. (Sup.) 20 N. Y. Supp. 914; affirmed 142 N. Y. 640, 37 N. E. 567; Chisholm v. State, 141 N. Y. 246, 36 N. E. 184.
The defendant also claims that the city of Rome was alone liable, and that this action cannot be maintained against the defendant. The McGoldrick Case, supra, arose at the same place, under circumstances quite similar to those proved on the trial of the case at bar. On an appeal | to the jury.<|sentence|> McGoldrick v. Railroad Co. (Sup.) 20 N. Y. Supp. 914;<|sentence|> affirmed 142 N. Y. 640, 37 N. E. 567;<|sentence|> Chisholm v. State, 141 N. Y. 246, 36 N. E. 184.<|sentence|><|paragraph|>
The defendant also claims that the city of Rome was alone liable, and that this action cannot be maintained against the defendant.<|sentence|> The McGoldrick Case, supra, arose at the same place, under circumstances quite similar to those proved on the trial of the case at bar.<|sentence|> On an appeal |
s3://data.kl3m.ai/documents/cap/4633363.json | Gornbein, Respondent, v. Westchester Fire Insurance Company, Appellant.
Order entered September 27, 1921, modified so as to permit appellant to file printed papers on October twelfth, serve briefs in typewritten form by October fourteenth, upon condition that the appeal be submitted on | Gornbein, Respondent, v. Westchester Fire Insurance Company, Appellant.<|sentence|><|paragraph|>
Order entered September 27, 1921, modified so as to permit appellant to file printed papers on October twelfth, serve briefs in typewritten form by October fourteenth, upon condition that the appeal be submitted on |
s3://data.kl3m.ai/documents/cap/1041202.json | refused to credit the testimony of the defendant’s witness, testimony which, incidentally, was consistent and was not contradicted by a witness with personal knowledge of the facts, is not dispositive, for the challenge from which | refused to credit the testimony of the defendant’s witness, testimony which, incidentally, was consistent and was not contradicted by a witness with personal knowledge of the facts, is not dispositive, for the challenge from which |
s3://data.kl3m.ai/documents/cap/961054.json | to the contractor for the labor and materials furnished. Under the notice the appellees might have proved any kind of a contract with the contractor, and the notice of their contract, instead of being a | to the contractor for the labor and materials furnished.<|sentence|> Under the notice the appellees might have proved any kind of a contract with the contractor, and the notice of their contract, instead of being a |
s3://data.kl3m.ai/documents/cap/8517886.json | replied, alleging that whatever delays, if -any, occurred in the delivery of said lumber, were due to the -change in specifications made by defendant, and that defendant bad by his conduct waived -his- right -to- damages- on account of such delays by having accepted and .paid for such delayed portions of said lumber. There was a verdict and judgment in favor of defendant | replied, alleging that whatever delays, if -any, occurred in the delivery of said lumber, were due to the -change in specifications made by defendant, and that defendant bad by his conduct waived -his- right -to- damages- on account of such delays by having accepted and .paid for such delayed portions of said lumber.<|sentence|> There was a verdict and judgment in favor of defendant |
s3://data.kl3m.ai/documents/dotgov/youth.gov/node/1675.json | Court Data Archive (Funding Opportunity)
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s3://data.kl3m.ai/documents/cap/246841.json | time of appraisement, and designated their (appellees’) store as the place. In this demand the appellant failed to name an appraiser.
Again, on March 16, 1894, the appellees were notified that appellant demanded an appraisement, under and by virtue of and in accordance with the terms and stipulations of the policy of insurance, and designated the 21st of March, 1894, at 11 o’clock a. m., at | time of appraisement, and designated their (appellees’) store as the place.<|sentence|> In this demand the appellant failed to name an appraiser.<|sentence|><|paragraph|>
Again, on March 16, 1894, the appellees were notified that appellant demanded an appraisement, under and by virtue of and in accordance with the terms and stipulations of the policy of insurance, and designated the 21st of March, 1894, at 11 o’clock a. m., at |
s3://data.kl3m.ai/documents/dotgov/www.nih.gov/taxonomy/term/491.json | Trials and You
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s3://data.kl3m.ai/documents/cap/10801303.json | Heller. Such decision was based upon the instability exhibited by the plaintiff and her husband as evidenced by their marital difficulties, their moving from one city to another, and their temporary locations within the city of Minot, together with the fact that Mr. Guldeman has engaged in a wide variety of occupations, is considerably older than the boy’s natural father, and is of a •different religious background. These factors indicate | Heller.<|sentence|> Such decision was based upon the instability exhibited by the plaintiff and her husband as evidenced by their marital difficulties, their moving from one city to another, and their temporary locations within the city of Minot, together with the fact that Mr. Guldeman has engaged in a wide variety of occupations, is considerably older than the boy’s natural father, and is of a •different religious background.<|sentence|> These factors indicate |
s3://data.kl3m.ai/documents/cap/2840914.json | . Philip Schoenfeld and Another, Respondents.
Order affirmed, with ten dollars costs and disbursements. Ho opinion. Jenks, P. J., Carr, Stapleton, Mills and | . Philip Schoenfeld and Another, Respondents.<|sentence|><|paragraph|>
Order affirmed, with ten dollars costs and disbursements.<|sentence|> Ho opinion.<|sentence|> Jenks, P. J., Carr, Stapleton, Mills and |
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s3://data.kl3m.ai/documents/dotgov/nij.ojp.gov/library/publications/list?author=Kasey A. Tucker.json | How NIJ Is Organized
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s3://data.kl3m.ai/documents/cap/3332810.json | that the agreement was for one-fourth of the net profits. Only one other witness testified on this point, and that witness is Mr. J. A. Curtis, who testifies positively that Mr. Kahn told him that the agreement ■ft as for one-third of the profits. Under this testimony, the preponderance is with the plaintiff, and we must hold that the plaintiff has proven that the original contract was for one-third of the net ¡profits.
> “The burden of proving a settlement and release plainly rests upon the defendant. Mr | that the agreement was for one-fourth of the net profits.<|sentence|> Only one other witness testified on this point, and that witness is Mr. J. A. Curtis, who testifies positively that Mr. Kahn told him that the agreement ■ft as for one-third of the profits.<|sentence|> Under this testimony, the preponderance is with the plaintiff, and we must hold that the plaintiff has proven that the original contract was for one-third of the net ¡profits.<|sentence|><|paragraph|>
> “The burden of proving a settlement and release plainly rests upon the defendant.<|sentence|> Mr |
s3://data.kl3m.ai/documents/cap/9789668.json | , Appellant, v. GIGI’S ITALIAN AMERICAN RESTAURANT, INC., a Florida corporation, Appellee.
No. 72-980.
District Court of Appeal of Florida, Third District.
March 13, 1973.
Rehearing Denied April 4, 1973.
PER CURIAM. | , Appellant, v. GIGI’S ITALIAN AMERICAN RESTAURANT, INC., a Florida corporation, Appellee.<|sentence|><|paragraph|>
No. 72-980.<|sentence|><|paragraph|>
District Court of Appeal of Florida, Third District.<|sentence|><|paragraph|>
March 13, 1973.<|sentence|><|paragraph|>
Rehearing Denied April 4, 1973.<|sentence|><|paragraph|>
PER CURIAM. |
s3://data.kl3m.ai/documents/cap/1919745.json | s defense was an alibi, which was denied by his sister. On January 5, 1951, Corbin was convicted by a jury of first-degree murder, which fixed his sentence | s defense was an alibi, which was denied by his sister.<|sentence|> On January 5, 1951, Corbin was convicted by a jury of first-degree murder, which fixed his sentence |
s3://data.kl3m.ai/documents/cap/5146340.json | of the Court of Appeals, we are of opinion that the question of the defendant’s guilt or innocence was for the jury; therefore the Circuit Court did not err in refusing the defendant’s written affirmative charge. We are further of opinion that the Circuit Court did not commit reversible error in overruling the defendant’s | of the Court of Appeals, we are of opinion that the question of the defendant’s guilt or innocence was for the jury;<|sentence|> therefore the Circuit Court did not err in refusing the defendant’s written affirmative charge.<|sentence|> We are further of opinion that the Circuit Court did not commit reversible error in overruling the defendant’s |
s3://data.kl3m.ai/documents/cap/4138151.json | ’s] home would uncover evidence of [drug trafficking].” *Jenkins,*901 F.2d at 1081; *see also id.*(“This is not to say that the isolated word of an experienced FBI agent- that people hide stolen items in their homes is sufficient to provide probable cause to search a residence. Nor does probable cause to believe that the defendant has stolen something justify search of a residence. We hold, however, | ’s] home would uncover evidence of [drug trafficking].”<|sentence|> *Jenkins,*901 F.2d at 1081;<|sentence|> *see also id.*(“This is not to say that the isolated word of an experienced FBI agent- that people hide stolen items in their homes is sufficient to provide probable cause to search a residence.<|sentence|> Nor does probable cause to believe that the defendant has stolen something justify search of a residence.<|sentence|> We hold, however, |
s3://data.kl3m.ai/documents/cap/4388514.json | credit, was a question to be passed upon and settled by the jury. We are not prepared to say that the verdict is without evidence to support it.
The third assignment of error complains of the court’s definition of proximate and remote cause. As to proximate cause it is substantially the same as approved by the court in San Antonio & A. P. Ry. Co. v. Stevens, 11 Texas | credit, was a question to be passed upon and settled by the jury.<|sentence|> We are not prepared to say that the verdict is without evidence to support it.<|sentence|><|paragraph|>
The third assignment of error complains of the court’s definition of proximate and remote cause.<|sentence|> As to proximate cause it is substantially the same as approved by the court in San Antonio & A. P. Ry. Co. v. Stevens, 11 Texas |
s3://data.kl3m.ai/documents/cap/207262.json | any person violating any of the provisions of the ordinance “shall, upon conviction, forfeit and pay to the city of Trenton the sum of two hundred ($200) dollars for each offense, and each day any such violation shall be continued shall be deemed and taken to be a separate and distinct offense.”
It is quite clear from a plain reading of the agreed facts as | any person violating any of the provisions of the ordinance “shall, upon conviction, forfeit and pay to the city of Trenton the sum of two hundred ($200) dollars for each offense, and each day any such violation shall be continued shall be deemed and taken to be a separate and distinct offense.”<|sentence|><|paragraph|>
It is quite clear from a plain reading of the agreed facts as |
s3://data.kl3m.ai/documents/dotgov/www.stb.gov/wp-content/uploads/econdata/R1/NS/2009/R1-NS-2009.pdf.json | 5,094
322,857
779,026
3,690.982
6,884,646
4,791,593
Railroad Annual Report R-1
10 Road Initials: NS Rail Year 2009
Resulte of Operations
Miscellaneous income charges
Fixed interest not in defeult
Federal income taxes | 5,094<|paragraph|>
322,857<|paragraph|>
779,026<|paragraph|>
3,690.982<|paragraph|>
6,884,646<|paragraph|>
4,791,593<|paragraph|>
Railroad Annual Report R-1<|paragraph|>
10 Road Initials: NS Rail Year 2009<|paragraph|>
Resulte of Operations<|paragraph|>
Miscellaneous income charges<|paragraph|>
Fixed interest not in defeult<|paragraph|>
Federal income taxes |
s3://data.kl3m.ai/documents/cap/1626944.json | , to sell intoxicating liquors, etc., in Kokomo, Indiana, was read in evidence, over the objection of the State.
The State insists that “the judgment of the Howard Circuit Court granting said license was without jurisdiction and void, and the license issued thereon was void, and did not authorize appellee to sell intoxicating liquors as a beverage in said city of Kokomo, for the reason that a local option election had been held in the city of Kok | , to sell intoxicating liquors, etc., in Kokomo, Indiana, was read in evidence, over the objection of the State.<|sentence|><|paragraph|>
The State insists that “the judgment of the Howard Circuit Court granting said license was without jurisdiction and void, and the license issued thereon was void, and did not authorize appellee to sell intoxicating liquors as a beverage in said city of Kokomo, for the reason that a local option election had been held in the city of Kok |
s3://data.kl3m.ai/documents/cap/12264872.json | Accounts on the DOE Projects. Plaintiffs did not knowingly and deliberately waive their individually-held claims against WFCF, as paragraph 14 did not provide sufficient notice that such individually-held claims were subject to that provision. Thus, Plaintiffs’ claims against Defendants were not waived/released by the Final Order. | Accounts on the DOE Projects.<|sentence|> Plaintiffs did not knowingly and deliberately waive their individually-held claims against WFCF, as paragraph 14 did not provide sufficient notice that such individually-held claims were subject to that provision.<|sentence|> Thus, Plaintiffs’ claims against Defendants were not waived/released by the Final Order. |
s3://data.kl3m.ai/documents/cap/11873372.json | Atty. Gen., Jill C. LaHue, Asst. Atty. Gen., Jefferson City, for respondent.
Before EDWIN H. SMITH, P.J., and SMART and ELLIS, JJ.
*ORDER*
PER CURIAM. | Atty. Gen., Jill C. LaHue, Asst. Atty. Gen., Jefferson City, for respondent.<|sentence|><|paragraph|>
Before EDWIN H. SMITH, P.J., and SMART and ELLIS, JJ.<|sentence|><|paragraph|>
*ORDER*<|paragraph|>
PER CURIAM. |
s3://data.kl3m.ai/documents/cap/4321573.json | , claimant’s attorney responded that he believed the claim to be “valid and properly submitted.” This however was not true. An allegation of possession is not a statement of a legal interest which would entitle a claimant to challenge a forfeiture. The cases cited by claimant in support of his position do not support his position. | , claimant’s attorney responded that he believed the claim to be “valid and properly submitted.”<|sentence|> This however was not true.<|sentence|> An allegation of possession is not a statement of a legal interest which would entitle a claimant to challenge a forfeiture.<|sentence|> The cases cited by claimant in support of his position do not support his position. |
s3://data.kl3m.ai/documents/cap/1865338.json | occupation as tenant.
If the trustee enters upon and takes possession of the premises and uses them for the purpose of selling the goods assigned, this is such an entry and acceptance of the assignment of the term as. will make him liable for the rent, as assignee of the lease.
*314Appeal from the Court of Common Pleas.
Action on the case brought on the 9th of January 1858, by *the*appellee against, the appellant, for the use and occupation-of a certain house and lot on | occupation as tenant.<|sentence|><|paragraph|>
If the trustee enters upon and takes possession of the premises and uses them for the purpose of selling the goods assigned, this is such an entry and acceptance of the assignment of the term as. will make him liable for the rent, as assignee of the lease.<|sentence|><|paragraph|>
*314Appeal from the Court of Common Pleas.<|paragraph|>
Action on the case brought on the 9th of January 1858, by *the*appellee against, the appellant, for the use and occupation-of a certain house and lot on |
s3://data.kl3m.ai/documents/cap/9486906.json | a child. Mr. Schmillen points out the cost of day care alone will consume much of Debtors future disposable income.
CONCLUSIONS OF LAW
A decision under § 706(b) to convert a case from Chapter 7 to Chapter 11 lies within the broad discretionary powers of the Bankruptcy Court. *In re Texas Extrusion Corp.,*844 F.2d 1142, 1161 (5th Cir.1988); *In re Graham,*21 B.R. 285, 236 (Bankr.N.D.Iowa 1982). The Court’s decision is based on what will most inure to the benefit of all parties | a child.<|sentence|> Mr. Schmillen points out the cost of day care alone will consume much of Debtors future disposable income.<|sentence|><|paragraph|>
CONCLUSIONS OF LAW<|paragraph|>
A decision under § 706(b) to convert a case from Chapter 7 to Chapter 11 lies within the broad discretionary powers of the Bankruptcy Court.<|sentence|> *In re Texas Extrusion Corp.,*844 F.2d 1142, 1161 (5th Cir.1988); *In re Graham,*21 B.R. 285, 236 (Bankr.N.D.Iowa 1982).<|sentence|> The Court’s decision is based on what will most inure to the benefit of all parties |
s3://data.kl3m.ai/documents/dotgov/www.acquisition.gov/search/advanced?keys=&type[far_dita]=far_dita&sort_by=search_api_relevance&sort_order=DESC&f[0]=part_number:9&f[1]=part_number:24&f[2]=part_number:28.json | 46
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(42) | 46<|sentence|><|paragraph|>
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(65)13<|sentence|><|paragraph|>
(55)37<|sentence|><|paragraph|>
(53)17<|sentence|><|paragraph|>
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(42) |
s3://data.kl3m.ai/documents/cap/2230256.json | 2; *Van Fleet-Durkee, Inc.*v. *Oyster,*91 Cal.App.2d 411 [205 P.2d 32]; *McArthur*v. *Johnson,*216 Cal. 580, 582 [15 P.2d 151].) The general purpose of this rule | 2; *Van Fleet-Durkee, Inc.*v. *Oyster,*91 Cal.App.2d 411 [205 P.2d 32]; *McArthur*v. *Johnson,*216 Cal. 580, 582 [15 P.2d 151].<|sentence|>) The general purpose of this rule |
s3://data.kl3m.ai/documents/dotgov/www.hhs.gov/sites/default/files/day2-06-dutcher.pdf.json | -led, P&R, FAO) - Rwanda, Uganda,
Senegal, Cameroon, Tanzania, Ethiopia
• Petting zoo zoonotic disease risk (State gov | -led, P&R, FAO) - Rwanda, Uganda, <|sentence|><|paragraph|>
Senegal, Cameroon, Tanzania, Ethiopia<|sentence|><|paragraph|>
• Petting zoo zoonotic disease risk (State gov |
s3://data.kl3m.ai/documents/cap/205674.json | court.
Defendants’ claim is based primarily upon shadowy and uncertain tradition, supported by evidence as to efforts of Leasiolagi to secure possession of the land during the present generation. These efforts were evidently abandoned before the year 1900, and at the time of the establishment of this Government, Fuimaono and his family were peaceably occupying the land. In view of his continuous resistance of the claims of Leasiolagi, it is futile to ask the Court to believe that he was merely a tenant at the pleasure of Lea | court.<|sentence|><|paragraph|>
Defendants’ claim is based primarily upon shadowy and uncertain tradition, supported by evidence as to efforts of Leasiolagi to secure possession of the land during the present generation.<|sentence|> These efforts were evidently abandoned before the year 1900, and at the time of the establishment of this Government, Fuimaono and his family were peaceably occupying the land.<|sentence|> In view of his continuous resistance of the claims of Leasiolagi, it is futile to ask the Court to believe that he was merely a tenant at the pleasure of Lea |
s3://data.kl3m.ai/documents/cap/1966968.json | , Respondent.
*Workmen’s compensation*— *award to mother for death of son*— *dependency.*
*Kneeter*v. *Central Sheet Metal Works, Inc.,*200 App. Div. 849, affirmed.
(Submitted April 17, 1922;
decided May 2, 1922.)
"Appeal from an order of the Appellate Division of the Supreme C.ourt in the third judicial department, entered January 4, | , Respondent.<|sentence|><|paragraph|>
*Workmen’s compensation*— *award to mother for death of son*— *dependency.*<|sentence|><|paragraph|>
*Kneeter*v. *Central Sheet Metal Works, Inc.,*200 App. Div. 849, affirmed.<|sentence|><|paragraph|>
(Submitted April 17, 1922;<|sentence|>
decided May 2, 1922.)<|sentence|><|paragraph|>
"Appeal from an order of the Appellate Division of the Supreme C.ourt in the third judicial department, entered January 4, |
s3://data.kl3m.ai/documents/cap/102749.json | sec. 13, Alderi’s Revision, p. 34, “ all. vacancies not provided for in this constitution, shall be filled in such manner as the legislature may prescribe.”
By the | sec. 13, Alderi’s Revision, p. 34, “ all. vacancies not provided for in this constitution, shall be filled in such manner as the legislature may prescribe.”<|sentence|><|paragraph|>
By the |
s3://data.kl3m.ai/documents/cap/5633852.json | , petitioner, v. James B. PEAKE, Secretary of Veterans Affairs.
No. 07-8754.
March 3, *2008.*
Petition for writ of certiorari to the United States Court of Appeals | , petitioner, v. James B. PEAKE, Secretary of Veterans Affairs.<|sentence|><|paragraph|>
No. 07-8754.<|sentence|><|paragraph|>
March 3, *2008.*<|sentence|><|paragraph|>
Petition for writ of certiorari to the United States Court of Appeals |
s3://data.kl3m.ai/documents/cap/4827391.json | Corbin and his attorneys subsequently sought aid of the Nevada Gaming Control Board but were denied relief. Thereafter, Corbin commenced this civil action seeking to enforce the bet in the Second Judicial District Court. The court granted the respondents’ motion to dismiss on the basis that gambling debts are not collectible | Corbin and his attorneys subsequently sought aid of the Nevada Gaming Control Board but were denied relief.<|sentence|> Thereafter, Corbin commenced this civil action seeking to enforce the bet in the Second Judicial District Court.<|sentence|> The court granted the respondents’ motion to dismiss on the basis that gambling debts are not collectible |
s3://data.kl3m.ai/documents/dotgov/www.ahrq.gov/evidencenow/tools/search/index.html?f[0]=:14469&f[1]=:14475&f[2]=change_strategies:14492&f[3]=key_drivers:14472.json | D
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- Children/Adolescents
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- Low-Income
- Racial/Ethnic Minorities
- Rural/Inner-City Residents
- Special Healthcare Needs
- Women
## Programs
- Featured
- Clinicians & Providers
- Data & | D<|paragraph|>
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F<|paragraph|>
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## Priority Populations<|paragraph|>
- Children/Adolescents<|paragraph|>
- Elderly<|paragraph|>
- Low-Income<|paragraph|>
- Racial/Ethnic Minorities<|paragraph|>
- Rural/Inner-City Residents<|paragraph|>
- Special Healthcare Needs<|paragraph|>
- Women<|paragraph|>
## Programs<|paragraph|>
- Featured<|paragraph|>
- Clinicians & Providers<|paragraph|>
- Data & |
s3://data.kl3m.ai/documents/cap/3714683.json | ZHANG, Petitioner, v. Michael B. MUKASEY,* Attorney General, Respondent.
No. 06-70815.
United States Court of Appeals, Ninth Circuit.
Submitted Dec. 3, 2007.**
Filed Dec. 10, 2007.
Xia Zhao, Esq | ZHANG, Petitioner, v. Michael B. MUKASEY,* Attorney General, Respondent.<|sentence|><|paragraph|>
No. 06-70815.<|sentence|><|paragraph|>
United States Court of Appeals, Ninth Circuit.<|sentence|><|paragraph|>
Submitted Dec. 3, 2007.**<|sentence|><|paragraph|>
Filed Dec. 10, 2007.<|sentence|><|paragraph|>
Xia Zhao, Esq |
s3://data.kl3m.ai/documents/cap/6192296.json | Louisiana.
[For earlier order herein, see, *e. g.,*445 U. S. 913.]
Motion of the United States for leave to intervene referred to the Special Master. Report of the Special Master received and ordered filed. Exceptions, if any, with supporting briefs to the Report of the Special Master may be filed by the parties within 30 days. Reply briefs, if any, to such exceptions may be filed within 30 | Louisiana.<|sentence|><|paragraph|>
[For earlier order herein, see, *e. g.,*445 U. S. 913.]<|paragraph|>
Motion of the United States for leave to intervene referred to the Special Master.<|sentence|> Report of the Special Master received and ordered filed.<|sentence|> Exceptions, if any, with supporting briefs to the Report of the Special Master may be filed by the parties within 30 days.<|sentence|> Reply briefs, if any, to such exceptions may be filed within 30 |
s3://data.kl3m.ai/documents/cap/10050527.json | certificate the record of a tutor’s bond, which the relator signed as surety. He had an opportunity to sell a town lot in Pineville, provided he could furnish a clear certificate of mortgages; and he applied to the recorder for such a certificate, there being no mortgage recorded against the property. The recorder insisted upon showing on the certificate the record of the tutor’s bond, which was recorded in the mortgage records. The relator was compelled therefore to resort to this | certificate the record of a tutor’s bond, which the relator signed as surety.<|sentence|> He had an opportunity to sell a town lot in Pineville, provided he could furnish a clear certificate of mortgages;<|sentence|> and he applied to the recorder for such a certificate, there being no mortgage recorded against the property.<|sentence|> The recorder insisted upon showing on the certificate the record of the tutor’s bond, which was recorded in the mortgage records.<|sentence|> The relator was compelled therefore to resort to this |
s3://data.kl3m.ai/documents/cap/5531679.json | to respondent the sum of $25 a week for her support; and on the further condition that appellant shall perfect the appeal and be ready to argue or submit it at the October Term, beginning October 1, 1962; appeal ordered on the calendar for said term. This stay, however, shall not include the application referred to below. Cross motion by respondent for a counsel fee to oppose the appeal and | to respondent the sum of $25 a week for her support;<|sentence|> and on the further condition that appellant shall perfect the appeal and be ready to argue or submit it at the October Term, beginning October 1, 1962;<|sentence|> appeal ordered on the calendar for said term.<|sentence|> This stay, however, shall not include the application referred to below.<|sentence|> Cross motion by respondent for a counsel fee to oppose the appeal and |
s3://data.kl3m.ai/documents/cap/817114.json | J., says: “We are told that a crowd is a throng, a great number of persons, a multitude. At best the word is indefinite. Difference in time and place may shape | J., says: “We are told that a crowd is a throng, a great number of persons, a multitude.<|sentence|> At best the word is indefinite.<|sentence|> Difference in time and place may shape |
s3://data.kl3m.ai/documents/cap/7516619.json | ); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 22525-KA; Parish of Webster, 26th Judicial District Court, Div. “D”, No. 54,048-A.
*568Prior report: La.App., 582 So.2d 1374.
Denied | ); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 22525-KA; Parish of Webster, 26th Judicial District Court, Div. “D”, No. 54,048-A.<|sentence|><|paragraph|>
*568Prior report: La.App., 582 So.2d 1374.<|sentence|><|paragraph|>
Denied |
s3://data.kl3m.ai/documents/cap/11164612.json | 267, 269 (1997) (quoting *Fenstamaker v. Fenstamaker,*337 Pa.Super. 410, 487 A.2d 11, 14 (1985)). Moreover, “ | 267, 269 (1997) (quoting *Fenstamaker v. Fenstamaker,*337 Pa.Super. 410, 487 A.2d 11, 14 (1985)).<|sentence|> Moreover, “ |
s3://data.kl3m.ai/documents/ecfr/2024-09-16/17/200.671-200.699.json | Editorial Note on Part 200
#### Editorial Note:
Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.
#### §§ 200.671-200. | Editorial Note on Part 200<|paragraph|>
#### Editorial Note:<|paragraph|>
Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.<|sentence|><|paragraph|>
#### §§ 200.671-200. |
s3://data.kl3m.ai/documents/cap/1097787.json | z, Appellant.
— Judgment unanimously affirmed. Memorandum: We determine from the record that the People established the necessary foundation for the admission of the tape recording made on August 30, 1990 *(see, People v Ely,*68 NY2d 520, 527). | z, Appellant.<|sentence|><|paragraph|>
— Judgment unanimously affirmed.<|sentence|> Memorandum: We determine from the record that the People established the necessary foundation for the admission of the tape recording made on August 30, 1990 *(see, People v Ely,*68 NY2d 520, 527). |
s3://data.kl3m.ai/documents/cap/1799939.json | of tender, and the defense was therefore ineffectual, and on the rendition of judgment for plaintiff, the justice should have allowed him a full bill of costs.
Judgment will be modified accordingly, and as modified, affirmed with costs of this appeal and disbursements to the appellant.
Andrews, P. J., and Blanchard | of tender, and the defense was therefore ineffectual, and on the rendition of judgment for plaintiff, the justice should have allowed him a full bill of costs.<|sentence|><|paragraph|>
Judgment will be modified accordingly, and as modified, affirmed with costs of this appeal and disbursements to the appellant.<|sentence|><|paragraph|>
Andrews, P. J., and Blanchard |
s3://data.kl3m.ai/documents/cap/2056200.json | , Defendant, and Puget Sound Company, Inc., Respondent.
Argued May 18, 1943;
decided June 18, 1943.
*908
*Edward N. Mills, Jr.,*for appellant.
*Frank Gibbons*for respondent appearing specially.
Judgment affirmed, | , Defendant, and Puget Sound Company, Inc., Respondent.<|sentence|><|paragraph|>
Argued May 18, 1943;<|sentence|>
decided June 18, 1943.<|sentence|><|paragraph|>
*908<|paragraph|>
*Edward N. Mills, Jr.,*for appellant.<|sentence|><|paragraph|>
*Frank Gibbons*for respondent appearing specially.<|sentence|><|paragraph|>
Judgment affirmed, |
s3://data.kl3m.ai/documents/cap/908695.json | in this contract is read in the light of the express reservation of title and the giving of the seller an option to secure the deferred payments by chattel mortgage, it is to be construed, we think, as meaning that, in the event the seller exercised its option to secure the deferred payments, then the insurance paid | in this contract is read in the light of the express reservation of title and the giving of the seller an option to secure the deferred payments by chattel mortgage, it is to be construed, we think, as meaning that, in the event the seller exercised its option to secure the deferred payments, then the insurance paid |
s3://data.kl3m.ai/documents/cap/73707.json | the defendant’s elevator. It is contended the elevator, the machinery of which was operated by power from a gasoline engine, was not a manufacturing establishment within the meaning of the factory act. The allegations of the petition relating to the character of the establishment follow:
> “In said elevator and by its elevator machinery it manufactures grades of wheat and grain other and different from the grain as actually received into said elevator. That said defendant purchases wheat | the defendant’s elevator.<|sentence|> It is contended the elevator, the machinery of which was operated by power from a gasoline engine, was not a manufacturing establishment within the meaning of the factory act.<|sentence|> The allegations of the petition relating to the character of the establishment follow:<|sentence|><|paragraph|>
> “In said elevator and by its elevator machinery it manufactures grades of wheat and grain other and different from the grain as actually received into said elevator.<|sentence|> That said defendant purchases wheat |
s3://data.kl3m.ai/documents/cap/10234226.json | 31, 1929 and it was $142,958.89. In cash book 19 it is $141,958.89. This is ‘142’ and this ‘141,’ a discrepancy of one thousand dollars.”
Referring to a conversation had with appellant concerning the entries, the witness testified as follows: “He (appellant) discussed those items in cash book 18 and cash book 19 under the sundries heading which we had been discussing and admitted they were wrong and said he had made them. | 31, 1929 and it was $142,958.89.<|sentence|> In cash book 19 it is $141,958.89.<|sentence|> This is ‘142’ and this ‘141,’ a discrepancy of one thousand dollars.”<|sentence|><|paragraph|>
Referring to a conversation had with appellant concerning the entries, the witness testified as follows: “He (appellant) discussed those items in cash book 18 and cash book 19 under the sundries heading which we had been discussing and admitted they were wrong and said he had made them. |
s3://data.kl3m.ai/documents/cap/10061169.json | collected here, is a burden on interstate commerce, rests on. what we consider a misconstruction of an inartistieally drawn statute. To quote from defendant’s brief, its position is that:
“The tick law [referx-ing to the act levying the tax] is so drafted as to place a tax upon wholesalers and jobbers of beef and veal •meats, oleo, hides and other by-products, when slaughtered without the state, and places no tax upon wholesalers and jobbers of like products when slaughtered within the state. The tax placed | collected here, is a burden on interstate commerce, rests on.<|sentence|> what we consider a misconstruction of an inartistieally drawn statute.<|sentence|> To quote from defendant’s brief, its position is that:<|sentence|><|paragraph|>
“The tick law [referx-ing to the act levying the tax] is so drafted as to place a tax upon wholesalers and jobbers of beef and veal •meats, oleo, hides and other by-products, when slaughtered without the state, and places no tax upon wholesalers and jobbers of like products when slaughtered within the state.<|sentence|> The tax placed |
s3://data.kl3m.ai/documents/cap/1434404.json | evidence an adverse credibility determination, *Chebchoub v. INS,*257 F.3d 1038, 1042 (9th Cir.2001), and we deny the | evidence an adverse credibility determination, *Chebchoub v. INS,*257 F.3d 1038, 1042 (9th Cir.2001), and we deny the |
s3://data.kl3m.ai/documents/dotgov/www.cdc.gov/nchs/data/nhis/earlyrelease/200712_ref.pdf.json | /nchs/nhis.htm.
2. Blumberg SJ, Luke JV. Wireless Substitution: Early Release of Estimates from the National
Health Interview Survey. National Center for Health Statistics. Available from:
http://www.cdc.gov/nchs/nhis.htm.
3. U.S. Department of Health and Human Services. Healthy People 2010: Understanding and
improving health. Washington. 2000.
4. Office of Management and Budget. Revisions to the standards for the | /nchs/nhis.htm.<|sentence|><|paragraph|>
2. Blumberg SJ, Luke JV. Wireless Substitution: Early Release of Estimates from the National
Health Interview Survey. National Center for Health Statistics.<|sentence|> Available from:
http://www.cdc.gov/nchs/nhis.htm.<|sentence|><|paragraph|>
3. U.S. Department of Health and Human Services. Healthy People 2010: Understanding and
improving health.<|sentence|> Washington.<|sentence|> 2000.<|sentence|><|paragraph|>
4. Office of Management and Budget. Revisions to the standards for the |
s3://data.kl3m.ai/documents/cap/9627677.json | , for appellee.
PER CURIAM.
Affirmed.
ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ. | , for appellee.<|sentence|><|paragraph|>
PER CURIAM.<|paragraph|>
Affirmed.<|sentence|><|paragraph|>
ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ. |
s3://data.kl3m.ai/documents/cap/12539958.json | (Children) and Ro.W. (Father);
Ro.W. (Father), Appellant-Respondent, v. The Indiana Department of Child Services, Appellee-Petitioner
Court of Appeals Case No. 18A-JT-992
Court of Appeals of Indiana.
FILED November 19, 2018
**DISPOSITION OF CASE BY UNPUBLISHED | (Children) and Ro.W. (Father);<|sentence|>
Ro.W. (Father), Appellant-Respondent, v. The Indiana Department of Child Services, Appellee-Petitioner<|sentence|><|paragraph|>
Court of Appeals Case No. 18A-JT-992<|paragraph|>
Court of Appeals of Indiana.<|paragraph|>
FILED November 19, 2018<|paragraph|>
**DISPOSITION OF CASE BY UNPUBLISHED |
s3://data.kl3m.ai/documents/cap/126388.json | 3d 432, 570 N.E.2d 431 (1991). In *Williams,*unlike the instant case, the witness himself testi*556fled that he was forced to move since his involvement in the case, that his younger brother’s life had been threatened, that he had been offered money for testimony favorable to the defendant, and that he was afraid even as he testified. *Williams,*262 Ill. App. 3d at 743. In *Rainge,*as in *Williams,*the witness himself testified as to his fear and actual | 3d 432, 570 N.E.2d 431 (1991).<|sentence|> In *Williams,*unlike the instant case, the witness himself testi*556fled that he was forced to move since his involvement in the case, that his younger brother’s life had been threatened, that he had been offered money for testimony favorable to the defendant, and that he was afraid even as he testified.<|sentence|> *Williams,*262 Ill. App. 3d at 743.<|sentence|> In *Rainge,*as in *Williams,*the witness himself testified as to his fear and actual |
s3://data.kl3m.ai/documents/cap/12687712.json | , Appellant, v. STATE of Florida, Appellee.
No. 4D17-3307
District Court of Appeal of Florida, Fourth District.
[February 21, 2019]
**DECISION | , Appellant, v. STATE of Florida, Appellee.<|sentence|><|paragraph|>
No. 4D17-3307<|paragraph|>
District Court of Appeal of Florida, Fourth District.<|sentence|><|paragraph|>
[February 21, 2019]<|sentence|><|paragraph|>
**DECISION |
s3://data.kl3m.ai/documents/cap/12570076.json | ; and Karen Mikesell, as Special Administratrix of the Estate of Kenneth Robert Risher, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Rob Bare, District Judge, Respondents | ; and Karen Mikesell, as Special Administratrix of the Estate of Kenneth Robert Risher, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Rob Bare, District Judge, Respondents |
s3://data.kl3m.ai/documents/dotgov/www.ihs.gov/sites/businessoffice/themes/responsive2017/display_objects/documents/2013pres/ICD-10Overview.pdf.json | fracture of lower end of right radius, initial encounter for closed
fracture
Requires greater specificity and supporting clinical documentation
Source: “The Differences Between ICD-9 and ICD-10, Preparing for the ICD-10 code set”,
AMA. http://www.ama-assn.org/ama1/pub/upload/mm/399/icd10-icd9-differences-fact-sheet.pdf
Code Example
9
Coding and 7th Character | fracture of lower end of right radius, initial encounter for closed <|paragraph|>
fracture <|paragraph|>
Requires greater specificity and supporting clinical documentation <|sentence|><|paragraph|>
Source: “The Differences Between ICD-9 and ICD-10, Preparing for the ICD-10 code set”, <|paragraph|>
AMA. http://www.ama-assn.org/ama1/pub/upload/mm/399/icd10-icd9-differences-fact-sheet.pdf<|paragraph|>
Code Example<|paragraph|>
9<|paragraph|>
Coding and 7th Character |
s3://data.kl3m.ai/documents/cap/93859.json | #### Commonwealth v. Mason, Appellant.
Submitted March 14, 1977.
Frederic G. Antoun, Jr., and Daniel R. McGarry, Assistant Public Defenders, for appellant;
LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
Judgment of | #### Commonwealth v. Mason, Appellant.<|sentence|><|paragraph|>
Submitted March 14, 1977.<|sentence|><|paragraph|>
Frederic G. Antoun, Jr., and Daniel R. McGarry, Assistant Public Defenders, for appellant;<|sentence|><|paragraph|>
LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.<|sentence|><|paragraph|>
Judgment of |
s3://data.kl3m.ai/documents/cap/9609068.json | G., Associate Judge.
PER CURIAM.
The plaintiff-appellant sought to enforce an insurance policy which had been regularly cancelled for nonpayment of premium. A summary judgment was entered for the appellee insurer | G., Associate Judge.<|sentence|><|paragraph|>
PER CURIAM.<|paragraph|>
The plaintiff-appellant sought to enforce an insurance policy which had been regularly cancelled for nonpayment of premium.<|sentence|> A summary judgment was entered for the appellee insurer |
s3://data.kl3m.ai/documents/dotgov/highways.dot.gov/sites/fhwa.dot.gov/files/docs/federal-lands/programs/federal-lands-planning-program/8441/preliminary-candidate-alternatives-report.pdf.json | surfaces
and re‐grading surfaces, where necessary, provides transportation improvements at a low cost with a
relatively low impact to the surrounding area.
5.2.2.2 Alternative O2 – Establish Agreements for Refuge Access Points
Permanent access to the Refuge through private roads could be maintained through formal agreements
with the private land owners. These formal agreements would establish access points and provide the
opportunity to keep specific access points and roadways functional. The transportation | surfaces<|paragraph|>
and re‐grading surfaces, where necessary, provides transportation improvements at a low cost with a<|sentence|>
relatively low impact to the surrounding area.<|sentence|><|paragraph|>
5.2.2.2 Alternative O2 – Establish Agreements for Refuge Access Points<|paragraph|>
Permanent access to the Refuge through private roads could be maintained through formal agreements<|sentence|>
with the private land owners.<|sentence|> These formal agreements would establish access points and provide the<|sentence|>
opportunity to keep specific access points and roadways functional.<|sentence|> The transportation |
s3://data.kl3m.ai/documents/cap/889462.json | under the subsisting contract, has it not in his power to give. “Possession,” as was said in *Armstrong*v. *Kattenhorn, supra,*p. 272, “must give the contract life.” See, also, Coke’s Littleton, 49 *(b).*
It was suggested in argument that the court below based its action upon *Moore*v. *Harter,*67 Ohio St., 250. But the case of *Moore*v. *Harter*gives no support to the ruling. There the landlord gave notice of a change | under the subsisting contract, has it not in his power to give.<|sentence|> “Possession,” as was said in *Armstrong*v. *Kattenhorn, supra,*p. 272, “must give the contract life.”<|sentence|> See, also, Coke’s Littleton, 49 *(b).*<|sentence|><|paragraph|>
It was suggested in argument that the court below based its action upon *Moore*v. *Harter,*67 Ohio St., 250.<|sentence|> But the case of *Moore*v. *Harter*gives no support to the ruling.<|sentence|> There the landlord gave notice of a change |
s3://data.kl3m.ai/documents/cap/1624944.json | *T. B. Ellis, Jr.,*for Defendant in Error.
Per Curiam.
Judgment for Plaintiff. Defendant took writ of error.
In an action to recover for breach of contract it is alleged that a check was delivered to plaintiff by the defen*217clant, which cheek is set out in full in the declaration and shows an endorsement thereon making' -it payable to the order of the plaintiff “in accordance with bid of U. S. Trust Co. for Alachua School Bonds” and it is not alleged what were the terms | *T. B. Ellis, Jr.,*for Defendant in Error.<|sentence|><|paragraph|>
Per Curiam.<|sentence|><|paragraph|>
Judgment for Plaintiff.<|sentence|> Defendant took writ of error.<|sentence|><|paragraph|>
In an action to recover for breach of contract it is alleged that a check was delivered to plaintiff by the defen*217clant, which cheek is set out in full in the declaration and shows an endorsement thereon making' -it payable to the order of the plaintiff “in accordance with bid of U. S. Trust Co. for Alachua School Bonds” and it is not alleged what were the terms |
s3://data.kl3m.ai/documents/cap/10639803.json | and undisputed evidence*that at the time he was stopped, he was paging through his billfold, past the driver’s'license three times * * *. The one he gave the officer indicated his name was Lynn Gable Streeter at a certain address with a certain date of birth; but that driver’s license had his picture on it. *That is uncontradicted.*
> MR. BIRRELL (defense counsel): Your Honor, I object to that. * 4 * The driver’s license itself isn’t even in evidence.
> THE COURT: The | and undisputed evidence*that at the time he was stopped, he was paging through his billfold, past the driver’s'license three times * * *.<|sentence|> The one he gave the officer indicated his name was Lynn Gable Streeter at a certain address with a certain date of birth;<|sentence|> but that driver’s license had his picture on it.<|sentence|> *That is uncontradicted.*<|sentence|><|paragraph|>
> MR. BIRRELL (defense counsel): Your Honor, I object to that. * 4 * The driver’s license itself isn’t even in evidence.<|sentence|><|paragraph|>
> THE COURT: The |
s3://data.kl3m.ai/documents/cap/1711182.json | #### State, ex rel. Curley, v. Patton.
In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed.
Moyer, | #### State, ex rel. Curley, v. Patton.<|paragraph|>
In Mandamus.<|sentence|> On motion to dismiss.<|sentence|> Motion to dismiss sustained.<|sentence|> Cause dismissed.<|sentence|><|paragraph|>
Moyer, |
s3://data.kl3m.ai/documents/cap/3374520.json | directly at the place of the collision, from whose testimony it appears that the mule had balked and plaintiff’s driver had pulled it over to the curb behind a brewery wagon; that the plaintiff’s driver and assistant were standing on the sidewalk leaving the mule unhitched; that defendant’s ice wagon passed with the horses walking; that the mule suddenly started forward, and the thills of the wagon struck the rear wheel of the | directly at the place of the collision, from whose testimony it appears that the mule had balked and plaintiff’s driver had pulled it over to the curb behind a brewery wagon;<|sentence|> that the plaintiff’s driver and assistant were standing on the sidewalk leaving the mule unhitched;<|sentence|> that defendant’s ice wagon passed with the horses walking;<|sentence|> that the mule suddenly started forward, and the thills of the wagon struck the rear wheel of the |
s3://data.kl3m.ai/documents/dotgov/www.cftc.gov/sites/default/files/2019-04/02 - FCM Webpage Update - February 2019.xlsx.json | # FCM Data February 2019
SELECTED FCM FINANCIAL DATA AS OF February 28,&KFF0000 &K0000002019FROM REPORTS FILED BY March 26, 2019 | # FCM Data February 2019<|paragraph|>
SELECTED FCM FINANCIAL DATA AS OF February 28,&KFF0000 &K0000002019FROM REPORTS FILED BY March 26, 2019 |
s3://data.kl3m.ai/documents/cap/3485350.json | The complaint also alleges a de facto appropriation. A de facto taking is similar to a trespass in that both require a physical entry. However, a trespass is temporary in nature, and a de facto taking is a permanent o | The complaint also alleges a de facto appropriation.<|sentence|> A de facto taking is similar to a trespass in that both require a physical entry.<|sentence|> However, a trespass is temporary in nature, and a de facto taking is a permanent o |
s3://data.kl3m.ai/documents/cap/8359895.json | or not those allegations are disputed in a response to the motion to modify custody. Rule 4e is not an avenue to cireumvent the required showing for a modification in child custody.
T11 The trial court's rigid adherence to Rule 4e in this matter presents a particularly egregious abuse of discretion. In a custody dispute, the trial court's ultimate responsibility is to protect the best interests of the child throughout the judicial proceeding. Here, the lawyer who failed to respond to the Motion to Modify Child | or not those allegations are disputed in a response to the motion to modify custody.<|sentence|> Rule 4e is not an avenue to cireumvent the required showing for a modification in child custody.<|sentence|><|paragraph|>
T11 The trial court's rigid adherence to Rule 4e in this matter presents a particularly egregious abuse of discretion.<|sentence|> In a custody dispute, the trial court's ultimate responsibility is to protect the best interests of the child throughout the judicial proceeding.<|sentence|> Here, the lawyer who failed to respond to the Motion to Modify Child |
s3://data.kl3m.ai/documents/dotgov/npin.cdc.gov/search?query=&f[0]=disease:3772&f[1]=disease:14021&f[2]=topic:4246&f[3]=topic:14756&f[4]=type:publications.json | Surveillance and Statistics
Training
Basics
Training
Toggle submenu
Training
HIV/AIDS
Viral Hepatitis
STD
Tuberculosis
School Health
Social Media
Health Literacy
Health Communication
Toggle submenu
Health Communications
Health Communication Strategies | Surveillance and Statistics<|paragraph|>
Training<|paragraph|>
Basics<|paragraph|>
Training<|paragraph|>
Toggle submenu<|paragraph|>
Training<|paragraph|>
HIV/AIDS<|paragraph|>
Viral Hepatitis<|paragraph|>
STD<|paragraph|>
Tuberculosis<|paragraph|>
School Health<|paragraph|>
Social Media<|paragraph|>
Health Literacy<|paragraph|>
Health Communication<|paragraph|>
Toggle submenu<|paragraph|>
Health Communications<|paragraph|>
Health Communication Strategies |
s3://data.kl3m.ai/documents/dotgov/youth.gov/node/1675.json | Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)
Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...
Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)
Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...
Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)
Featured Grant OpportunityChallenge America (Funding Opportunity)
Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity | Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)<|sentence|><|paragraph|>
Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...<|paragraph|>
Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)<|sentence|><|paragraph|>
Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...<|paragraph|>
Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)<|sentence|><|paragraph|>
Featured Grant OpportunityChallenge America (Funding Opportunity)<|sentence|><|paragraph|>
Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity |
s3://data.kl3m.ai/documents/cap/1411688.json | January 8, 1878, Johnson filed an affidavit to renew his security for another year.
July 8, 1878, Mette, acting on behalf of Johnson, took possession of the property and Mrs. Briggs replevied it the thirteenth.
The court found against her and she alleges error. Her counsel claims that Johnson’s renewal affidavit was not in compliance with the statute, and that his mortgage consequently ceased to be valid as against her. Comp. L., § 4709. On the other hand it is contended that the affidavit was good; but even if it | January 8, 1878, Johnson filed an affidavit to renew his security for another year.<|sentence|><|paragraph|>
July 8, 1878, Mette, acting on behalf of Johnson, took possession of the property and Mrs. Briggs replevied it the thirteenth.<|sentence|><|paragraph|>
The court found against her and she alleges error.<|sentence|> Her counsel claims that Johnson’s renewal affidavit was not in compliance with the statute, and that his mortgage consequently ceased to be valid as against her.<|sentence|> Comp. L., § 4709.<|sentence|> On the other hand it is contended that the affidavit was good; but even if it |
s3://data.kl3m.ai/documents/dotgov/www.cftc.gov/files/dea/cotarchives/2010/options/deaicesof101210.htm.json | -5,443 -6,320 -4,544 -5,670 -66 1,060
PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
10.9 22.2 2.6 81.5 69.1 95.0 93.8 5.0 6.2
NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS: 43)
4 2 4 29 31 | -5,443 -6,320 -4,544 -5,670 -66 1,060<|paragraph|>
PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER<|paragraph|>
10.9 22.2 2.6 81.5 69.1 95.0 93.8 5.0 6.2<|paragraph|>
NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS: 43)<|sentence|><|paragraph|>
4 2 4 29 31 |
s3://data.kl3m.ai/documents/cap/10131838.json | investigating appellant. Compare Talbert v. State, 489 S.W.2d 309 (Tex.Cr.App.1973).
As for the question of the search, the evidence reflects that the pistol was in plain view. This Court has often held that items seized while in plain view are not *474obtained as a result of a search. See Ellingsworth v. State, 487 S.W.2d 108 (Tex.Cr.App.1972); Norris v. State, 482 S.W.2d 280 (Tex.Cr.App.1972); Onofre v. State, 474 S.W.2d 699 (Tex.Cr.App.1972); Holman v. State, 474 S.W.2d 247 (Tex.Cr.App. | investigating appellant. Compare Talbert v. State, 489 S.W.2d 309 (Tex.Cr.App.1973).<|sentence|><|paragraph|>
As for the question of the search, the evidence reflects that the pistol was in plain view.<|sentence|> This Court has often held that items seized while in plain view are not *474obtained as a result of a search.<|sentence|> See Ellingsworth v. State, 487 S.W.2d 108 (Tex.Cr.App.1972); Norris v. State, 482 S.W.2d 280 (Tex.Cr.App.1972); Onofre v. State, 474 S.W.2d 699 (Tex.Cr.App.1972); Holman v. State, 474 S.W.2d 247 (Tex.Cr.App. |
s3://data.kl3m.ai/documents/dotgov/travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-if-you-are-selected/diversity-visa-confirm-your-qualifications.html.json | managed by the U.S. Department of State. External links to other Internet sites and listings of private entities on this page are provided as a convenience and should not be construed as the U.S. Department of State or U.S. government endorsement of the entity, its views, the products or services it provides, or the accuracy of information contained therein. The order in which names appear has no significance, | managed by the U.S. Department of State.<|sentence|> External links to other Internet sites and listings of private entities on this page are provided as a convenience and should not be construed as the U.S. Department of State or U.S. government endorsement of the entity, its views, the products or services it provides, or the accuracy of information contained therein.<|sentence|> The order in which names appear has no significance, |
s3://data.kl3m.ai/documents/cap/2200254.json | complainant’s testimony concerning prior sexual acts committed upon her by the defendant similarly supports the admission into evidence of the testimony of her sisters as to such acts committed upon them.
Again, we emphasize that the principal issue confronting the jury was the credibility of Rhonda Hammer. If her sisters were prohibited from testifying as to sexual assaults against them, Rhonda’s credibility would have been undermined. The jury might well have asked the question, Why would the defendant engage in | complainant’s testimony concerning prior sexual acts committed upon her by the defendant similarly supports the admission into evidence of the testimony of her sisters as to such acts committed upon them.<|sentence|><|paragraph|>
Again, we emphasize that the principal issue confronting the jury was the credibility of Rhonda Hammer.<|sentence|> If her sisters were prohibited from testifying as to sexual assaults against them, Rhonda’s credibility would have been undermined.<|sentence|> The jury might well have asked the question, Why would the defendant engage in |
s3://data.kl3m.ai/documents/cap/743023.json | is not a “final decision” within 28 U.S.C. § 1291, in the ordinary sense of finally determining the rights of the plaintiff and the class it seeks to represent against the defendant. Indeed it makes no determination bearing upon these in the slightest degree. Plaintiff’s case for appealability under § 1291 thus rests on the assertion that the order falls within “that small class which finally determine *773 | is not a “final decision” within 28 U.S.C. § 1291, in the ordinary sense of finally determining the rights of the plaintiff and the class it seeks to represent against the defendant.<|sentence|> Indeed it makes no determination bearing upon these in the slightest degree.<|sentence|> Plaintiff’s case for appealability under § 1291 thus rests on the assertion that the order falls within “that small class which finally determine *773 |
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