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suit. Ms. Young testified that the man had an object in his hand which she thought was a knife. He threatened her, placed the object against her head, and forced her to have intercourse with him. At approximately 5:00 a. m., just after the intruder left her apartment, Ms. Young called the police. She described the assa...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
764
that her assailant held [indicating] an "object" in his hand which was "roughly six or eight inches long"; that this object was "placed beside my head during the time of the sexual intercourse"; that she then "felt the cold metal of it." Later on cross-examination, Ms. Young testified, "I thought the object in [my assa...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
773
as a witness. Yet her credibility was not a significant issue at this trial. Her testimony essentially established only that she was the victim of several criminal offenses. The primary defense was not that the witness was not in fact a victim, but that defendant was not the perpetrator. The witness never purported to ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
779
there was pressure to the elbow. Both doctors testified there would be intermittent pain in the future caused by her use of her right hand in that manner. The plaintiff's employment required her to grasp trays, write, and to use heavy shears, which she could not do for about two months after she returned to work. The p...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
1,032
The variance sought to allow an "additional 20ft" which would "allow for the proper operation" of the turbine. Id. On September 24, 2008, the BZA held a hearing on the matter, and on October 22, 2008 it granted the variance. On November 20, 2008,[2] Homeowners filed a Verified Petition for Writ of Certiorari, Judicial ...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
1,094
This single-storey apartment is situated two miles from Mevagissey and sleeps two people. Valley View is a lovely single-storey apartment next to the owners' home, two miles from Mevagissey. This cottage sleeps two people and has a double bedroom with en-suite and an open plan living area with kitchen, dining area and...
{ "pile_set_name": [ "Pile-CC", "FreeLaw" ] }
1,923
occurred at 6:50 p.m. on May 13, 1936, while the Fleetwood, a bulk freight steamer 247 feet long, was down-bound in the Cuyahoga River, loaded with 1900 gross tons of steel. When she was about two-thirds of a mile above the bridge the steamer blew one blast of her whistle, and when a thousand feet from the bridge, the ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
2,008
lanes, is a bridge cabin in which is located the machinery for controlling the draw, and at each end of the span are traffic gates capable of being swung across the roadway on the land approach to the bridge. The east traffic gates are operated by the bridge captain and the west gates by the bridge operator through con...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
2,010
law would be obeyed and that the draw would open unless the customary warning signal was given. It is true the red ball was not up, but if it were it would have conveyed no information to the master of the Fleetwood beyond that furnished by the closed draw, Chicago v. Transportation Co., supra. On the other hand, the s...
{ "pile_set_name": [ "FreeLaw", "Pile-CC" ] }
2,017
v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: February 19, 2010 Decided: March 3, 2010 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per cu...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
5,690
operation, and have not been paid for their efforts. The United States denies responsibility, and invokes the state secrets privilege to avoid responding to plaintiffs' demands for discovery. The United States Court of Federal Claims concluded that, even if the individual alleged to be a secret agent was in fact su...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
5,779
plaintiffs were approached by a British solicitor, Charles J. Deacon, who presented a business proposition on behalf of one John Patrick Savage. Mr. Savage was supposedly a high level agent of the United States' Central Intelligence Agency (hereafter "CIA" or "Agency"), operating in Europe. The CIA needed money to...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
5,781
Savage wrote to him. These letters were written on what appeared to be CIA letterhead. In a letter written to Deacon on January 26, 1990, Savage signed the letter with the title, "Assistant Deputy Director, European Operations." In a second letter written February 7, 1990, Savage indicated his affiliation with the ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
5,790
as a conduit between Savage and certain investors, such as plaintiffs, who were owed money as a result of the dealings of Savage. He stated that an intermediary, one Lee Morris, represented that Savage was "acting on behalf of the [CIA]." 42 Fed. Cl. at 261. The declaration of Edgar Reynolds, a friend of Savage, wa...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
5,798
commonly known. In the above captioned case, the title of Assistant Deputy Director European Operations is a prime example. It is more believable, and harder to refute, than the title of "the" Director European Operations. Similarly, the stated affiliation with "Global Affairs" is sufficiently broad and non-descript to...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
5,802
(Lee) Morris, and Mr. Marshall Jacobs. 36 In a hearing on December 4, 1996, the trial court heard Monarch's arguments as to why they thought the depositions of Mr. Malkowich, Detective Hulse, Mrs. Savage, Mr. Cutler, Mr. Korczak, and Senator Grassley would be necessary. Monarch stated that it would no longer be pu...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
5,806
authority held by individuals with specific ranks and titles in the CIA. In addition, Monarch explained that it needed to depose Senator Grassley solely for the purpose of corroborating the fact that Korczak was with the CIA. 42 With respect to Mr. Morris, Monarch stated to the trial court that Mr. Morris told Mo...
{ "pile_set_name": [ "FreeLaw", "Books3" ] }
5,809
TEL AVIV — Fifty members of an Indian community believed to be descendants of one of the lost tribes of Israel arrived on Monday in the Jewish state, completing their immigration. Linking up with family members who have already settled in Israel, they are among the first wave of the 7,200-strong Bnei Menashe community...
{ "pile_set_name": [ "Pile-CC", "FreeLaw" ] }
8,169
invade the family's village in northern Sierra Leone, call Jalloh's parents and sister out of their house by name from a list, and kill them. Jalloh testified that the list was of supporters of the Kabbah government and that his parents and sister were on the list because his father had openly supported Kabbah in the r...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
8,176
February 1999, the rebels still controlled much of the country and had invaded Freetown. But the war ended in 2002, before the BIA's February 2003 decision. According to the 2002 Department of State Country Report, though widespread problems remain, the rebel forces and civil defense militia loyal to Kabbah have demobi...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
8,178
is not well-founded, the BIA reasoned, because he traveled openly to his family's funeral while the rebels were in power; in his one encounter with the rebels their only interest was to conscript him; the Kabbah government has returned to power; and the 2002 Country Report noted no recent reports of the RUF killing ex-...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
8,181
unseaworthiness was a proximate cause so long as it played an important part in bringing about the plaintiff's harm. On the other hand, if you find that the ship's unseaworthiness was only incidental to the plaintiff's injuries, then you must find that the ship's condition was not a proximate cause of the alleged harm....
{ "pile_set_name": [ "FreeLaw", "Pile-CC" ] }
8,224
completed, and it remains a somewhat complicated business arrangement. A holding company called Porsche Automobil Holding SE controls 50.1 percent of Porsche shares, and transferred those to Volkswagen AG as of yesterday. That means Volkswagen now controls 100 percent of Porsche shares, via both its own stake and that ...
{ "pile_set_name": [ "OpenWebText2", "FreeLaw" ] }
8,963
Hood and Cox are assistant principals at Desert Vista. 4 cafeteria, as she had been directed in writing. When the lead security guard, Joe Feinstein, attempted to deliver a letter to Avent she refused to accept the letter and told him that, if anything needed to be given to...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
8,996
action.2 4 The record shows that after Judge Hoffman received the state court record on September 10, 1969 he made an independent examination of it and sixteen days later, on September 26, 1969, determined that appellant Worlow had received a full and fair hearing in the state courts and denied his habeas petition. ...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
9,221
information on July 29, 2003. He was tried in the Superior Court before a jury in June 2004.[1] The complainant, Robert,[2] nine years old at the time of trial, was a friend of defendant's son, Zachary. According to Robert, one day in August 2002, he was listening to music on the computer with Zachary and another boy i...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
10,036
police and Robert spoke with Detective Janice Sassi at least two times, one time giving a written statement and another time while the detective videotaped his account of what happened. Joseph, who was sixteen years old at the time of trial, also testified for the state. *626 He said that when he was eight years old, i...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
10,038
absence of such Certificate, all payments hereunder shall be subject to a 3% deduction and Contractor will furnish such Workmen's Compensation coverage." Subsequently, Stillman was injured on the job. His medical expenses were paid by the insurance carrier, but when it was determined that he needed an operation due to ...
{ "pile_set_name": [ "FreeLaw", "Pile-CC" ] }
10,781
Dom helps a babyfaced, never-mentioned-before cousin (Janmarco Santiago) by jerry-rigging his rusty junker (somehow known to be “the slowest car on the island”) to use as a flaming rocket against the certified fastest car on the island. Dom defeats this criminal and cheater Raldo (Celestino Cornielle, Days of Our Lives...
{ "pile_set_name": [ "Pile-CC", "FreeLaw" ] }
12,241
of the government is here limited to those lands only which lie within the granted limits of both the Atlantic and Pacific and the Southern Pacific Companies, at the crossing of their lines, as definitely located. As it appears from the record that, at the time of the location of the former company's line, so many of t...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,382
to land grants, and made it so that the old common law rule as to the necessity of identification to a conveyance has not been controlling in determining the scope and effect of a Congressional land grant. Yet reference may be had to the still later case of Bardon v. Northern Pacific Railroad, 145 U.S. 535, in which th...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,387
location of the route; and that, though the road was not completed within the time specified, and though there was the provision that the unsold lands should revert, yet the title still remained in the State, held under a condition subsequent, and held until the government should take some steps to assert a forfeiture....
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,389
1871 in terms purports to bestow the same rights, grants and privileges as were granted to the Southern Pacific Railroad Company by the act of 1866. That merely defines the extent of the grant and the character of the rights and privileges; it does not operate to make the latter grant take effect by relation as of the ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,391
maps, but only an intermediate point on one sectional map. When the four maps were filed, and in 1872, the Land Department, holding that the Atlantic and Pacific Company was authorized to build not only from the Colorado River directly to the Pacific Ocean, but also thence north to San Francisco, approved them as estab...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,395
though the lands granted to the Atlantic and Pacific had been identified in 1866, and title had then passed, and there never was a title of any kind vested in the Southern Pacific Company. And whatever of plausibility there might be in this suggestion of counsel, based upon the old common law rules in respect to the ef...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,401
of the adjoining odd sections within forty miles on each side, until the definite location is made... . The general route may be considered as fixed when its general course and direction are determined after an actual examination of the country or from a knowledge of it, and is designated by a line on a map showing the...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,406
been the practice of the Department in such cases, to formally withdraw them." As the act of July 27, 1866, the one before us, is in these respects exactly like that of the one before the court in that case, it must be held that here, as there, Congress provided for two separate matters; one the fixing of the general r...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,408
benefit of the provisions of said acts of Congress. "CHAS. CROCKER, "President, Southern Pacific Railroad Company." Not only that, but upon the filing of the map, and on April 21, 1871, the Commissioner of the General Land Office sent to the receiver at L...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,411
divergent therefrom, marked "Southern Pacific Railroad, definite location." Still further, on the minutes of the proceedings of meetings of the directors of the Southern Pacific road, held on April 10, September 8, and October 1, 1874, appear resolutions similar in their character, but having reference to different par...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,413
or route of the Atlantic and Pacific Railroad," etc., as delineated upon the map; and that his acts in the premises were duly approved and accepted on behalf of the company, by himself as chief engineer. And in the further official certificate of the company it is stated that the "map shows the line or route of the sai...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,416
a railroad, either *604 the Atlantic and Pacific or the Southern Pacific; that they cannot now be applied to aid in the construction of the former company's road; and that, therefore, to carry into effect the intent of Congress, they should be applied to aid in the construction of the latter company's line. We think th...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,418
a mortgage on its road, equipment, lands, franchises, privileges, etc. 17 Stat. 19, c. 33. Congress, therefore, was expecting that the Atlantic *605 and Pacific Company would construct its road, and, with this expectation, had no thought of giving to the Southern Pacific Company that which it had already given to the A...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,421
lands as at that time are public lands, and, therefore, grantable by Congress, and is never to be taken as a floating authority to appropriate all tracts within the specified limits which at any subsequent time may become public lands. The question is asked, supposing the Atlantic and Pacific Company had never located ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,425
convincing, but lead to conclusions which seem to me consonant with justice and fair dealing. To my sense of right, there is something repugnant in any other conclusion, in view of the *608 inducements held out by the government and the work done, and the expenses incurred, by the railroad company. Congress desired to ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,430
railroad from a point at or near Tehachapa Pass, by way of Los Angeles, to the Texas Pacific Railroad at or near the Colorado River, with the same rights, grants and privileges, and subject to the same limitations, as those contained in the grant by the act of July 27, 1866, with a proviso "that this section shall in n...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,432
the completion and acceptance of the road the company has performed to the satisfaction of the government all the services, such as carrying the mails, transporting troops and supplies, in all respects as required by the act of Congress; and the services have been accepted by the United States. The Atlantic and Pacific...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,434
Railroad Company, though the road in aid of which it was granted was never constructed, and the grant was subsequently forfeited by the United States, operated to divest the government of *610 the fee of such lands so completely that the grant to the Southern Pacific Company to build its road could in no way be carried...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,436
lands. Such was the case of Bardon v. Northern Pacific Railroad Company, 145 U.S. 535. But it is evident that such exceptions and reservations of one grant do not apply and control a second grant, unless such second grant is specially stated to be within them. When the second grant in question in this case was made, al...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,441
for that company to make a selection before it made the concession to the Southern Pacific Company. The company was not bound to wait indefinitely for the years to elapse before moving in the enterprise it was to undertake, and to further which Congress had afforded assistance. The condition attached to the concession ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,446
with its conditions except to file, in detached parts, what it termed a map of the location of its road six years after the date of the grant and one year after the Southern Pacific Company had located its road, under its concession, and commenced its construction. Its rights, whether present or prospective were never ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,448
prior grant was forfeited by the failure of the Atlantic and Pacific Railroad Company to perform its conditions, that grant fell off, and the underlying grant to the Southern Pacific Railroad Company, all the conditions of which had been performed, remained in full force and effect. I consider the principle involved in...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
12,450
358 F.3d 655 Kevin COOPER, Plaintiff-Appellant,v.Richard A. RIMMER, Acting Director of the California Department of Corrections; Jeanne Woodford, Warden, San Quentin State Prison, San Quentin, California, Defendants-Appellees. No. 04-99001. United States Court of Appeals, Ninth Circuit. Submitted February 8, 2004.* Fil...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
12,705
trained in executing the protocol. He contends that it is impermissible for many veterinarians to use this combination of chemicals to euthanize animals, and he submitted declarations by Dr. Corey Weinstein, a doctor in private practice who is a medical consultant to prisoner organizations, describing possible complica...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
12,712
including Youngstown Sheet & Tube Company and J & L entered into a consent decree with the Departments of Justice & Labor and the Equal Employment Opportunity Commission to resolve claims of alleged employment discrimination on the basis of race and sex. In 1975, Youngstown Sheet & Tube Company entered into an agreemen...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
13,204
vacancies in the security department. In May, 1982, plaintiffs filed a grievance with Local 4211 regarding the displacement of Campbell patrolmen by Brier Hill patrolmen. The grievance was discussed at a meeting of Local 4211 on May 12, 1982, however, no action was taken. The grievance was again discussed at a meeting ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
13,206
Review Committee, such action was not required under the Collective Bargaining Agreement. The Audit and Review Committee was established under the consent decree to ensure its implementation. Consequently, plaintiffs' petitions to the Audit and Review Committee are not part of the grievance procedure as set forth in th...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
13,212
protection employees as follows: It was the Company's intent, as well as the intent of the USWA as expressed to me by the Union Co-chairman, that the Implementing Agreement would provide *45 that, in the event of a reduction in force, an employee who was "reduced" from his seniority sub-unit would exercise his plant co...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
13,222
superintendent since 1978. Maizel's observations of the practice of "bumping" at the patrolman level under the implementing agreement, from 1976 until 1982 when Brier Hill's security department was closed, supports Botos & Wuslich's interpretation of the agreement. Maizel attests: In the period from 1976 until the Brie...
{ "pile_set_name": [ "FreeLaw", "Pile-CC" ] }
13,224
before the Boston Bruins playoff game. Six months later on November 16, 2011, it was reported that The FBI was enlisting the public’s help to locate a domestic terror suspect on its “most wanted terrorists list,” who they say may be hiding in Massachusetts. The suspect, Daniel Andreas San Diego, is wanted for his alleg...
{ "pile_set_name": [ "OpenWebText2", "FreeLaw" ] }
13,481
official capacity as the Campbell County Detention Center Lieutenant; MR. GIBSON, individually and in his official capacity as a Campbell County Detention Center Correctional Officer; MICHAEL SHOUMAKER, individually and in his official capacity as Wyoming Public Defender; RICHARD LIPKA, individually and in his officia...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
13,493
as a Campbell County Detention Center Correctional Officer; MR. MORRISEN, individually and in his official capacity as a Campbell County Detention Center Correctional Officer; MR. BOEK, individually and in his official capacity as a Campbell County Detention Center Correctional Officer; CLARANCE BARRY, individually and...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
13,495
a Campbell County Detention Center Correctional Officer; MS. STILLSON, individually and in her official capacity as a Campbell County Detention Center Correctional Officer; MR. COXBILL, individually and in his official capacity as a Campbell County Detention Center Correctional Officer; CLAUDE MCKEE, individually and i...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
13,497
Ssserek defeat a hunter and his dogs. Later, the animal friends help each other recover from a tornado and are treated to a visit from a princess dragon. Embedded in each adventure is a lesson about valuing friends and treating others with respect. Richard W. Leech, MD, a retired professor of medicine and author of tw...
{ "pile_set_name": [ "Pile-CC", "FreeLaw" ] }
13,831
This order contained no proof of service and National Bank's counsel claims never to have received it. 5 National Bank did not respond to the conditional order. The BAP dismissed the appeal on April 14, 1988. National Bank moved the BAP to set aside its order of dismissal, claiming the designation of the transcrip...
{ "pile_set_name": [ "FreeLaw", "Pile-CC" ] }
16,073
evaluation of the process model as well as the effects of the intervention both synchronously and over time. STJ focuses specifically on African American identity and youths visions of their own future possibilities. As a selective preventive intervention, the application meets a number of the Priorities for Prevention...
{ "pile_set_name": [ "NIH ExPorter", "FreeLaw" ] }
16,138
eyes, and wearing a skeleton mask and a blue jogging suit. Aiea High School principal Richard Honda told the police that the description matched Appellee who lived adjacent to the school. Three police officers proceeded to Appellee's residence and were met at the door by Appellee. After identifying himself to the offic...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
17,050
if crowded, he would take it to the hoop, his deceptively explosive first step giving him an edge over almost anyone. Yet despite his great play and consistency, AD has never gotten his props. Never even come close, really. When the NBA made its nifty 50 a few years back, he was left off, along with fellow ace forward...
{ "pile_set_name": [ "Pile-CC", "FreeLaw" ] }
17,298
for Levi from September 27, 1999 to December 10, 2002, when Levi terminated his employment. He started as an international tax manager in the global tax department, was subsequently promoted to senior tax manager, and on February 28, 2001 was again promoted to international tax director. State Compl. ¶ 85. As one of fi...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
17,323
them to see." Id. In response, Walsh allegedly stated that withholding information from KPMG would constitute fraud and he would not be a party to it. Id. That same month, plaintiff's allege that Walsh informed Chiasson that he believed Levi's reported net income was overstated as a result of Levi's improper release of...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
17,326
1250); see also GlenFed, 42 F.3d at 1548. KPMG reaudited Levi's financial statements for 2001, 2002, and the first half of 2003 after it replaced Levi's former auditors. KPMG audited Levi's 2003 financial statements. As a result of KPMG's audits, Levi was required to restate its financial statements. In October 2003 an...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
17,377
from investors in public offerings. However, as discussed above, Levi raised capital in private offerings exempt under Rule 144A. The subsequent registrations of bonds were in connection with Exxon Capital exchange offers to enable the holders of unregistered Levi bonds to exchange their bonds for freely tradeable regi...
{ "pile_set_name": [ "FreeLaw", "Pile-CC" ] }
17,416
being on the wrong side of the road, and that there was no evidence of any negligence of Basil Dean, the driver of the pickup truck involved in the head-on collision with deceased. The witnesses gave the following testimony relative to the issues on this appeal: Howard Parrish, who lives and operates a store at the jun...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,728
P. Gas Company's truck head *136 on in front of the Martin home. The Chevrolet's left front fender was driven back 15 to 16 or 17 inches; the right front fender was not damaged and its headlight was still in place; and the radiator was pushed back a foot or two over the motor. He measured the width of the Chevrolet to ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,730
road, but which were located approximately in its center. The snow was soft and wet on the right and left of the traveled portion. At the scene of collision the south track was a little bit closer to the ditch than the north track. Both the Chevrolet and the S. P. Gas truck were sitting in the one set of tracks which h...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,732
automobile parked on the county road (to the west of where Mr. Martin found the vehicles), as shown in the photograph, Plaintiff's Exhibit 5, to the point of the location of the collided vehicles where Mrs. Martin was standing. The objection of this testimony upon the ground that "the positions respecting the terminal ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,734
slid, and he attempted to swerve to the right but the truck would not swerve. The photographs taken later, admitted into evidence and with testimony related thereto, show that the general terrain of the Ha Ha Tonka road in the vicinity of the collision was unchanged from the time thereof. From the west the roadway incl...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,736
but which at the scene of the collision came within three or four feet of the left (south) bank of the road; that the whole of the Ha Ha Tonka road was, on the day in question, hazardous to driving, slick and icy (about as slick as witness Crall ever drove on), with soft, wet snow on either side of the beaten, traveled...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,739
was a single two-track lane upon which Dean was traveling, with soft, wet snowy areas either side thereof, and upon which he could anticipate that some vehicle coming from the opposite direction might also be using, was one fraught with danger unless Dean drove at such a reduced speed that he could stop or otherwise co...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,753
trial in accordance with Rule 79.01, including specific objections to instructions, a general statement in the motion of any allegations of error based thereon is sufficient," sufficiently preserves the same for review. Defendants' contention that the propriety of the court's action in excluding evidence is not before ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
21,757
for subsequent rentals set forth in the amending petition would run from the date of that judicial demand, the court signified that it had accepted the construction proposed by Morella and it granted the protective order which he sought. A formal judgment setting forth the trial court's decision was signed on June 15, ...
{ "pile_set_name": [ "FreeLaw", "PubMed Central" ] }
21,771
was called as a witness for the defense. He testified that the prosecutors sought to induce him to lie under oath concerning the defendants' involvement in various crimes "by providing him with controlled substances and helping him to achieve sexual gratification." At the conclusion of that trial, the presiding judge, ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
22,089
the trial court. The unchallenged opinion of the medical examiner was that the direct cause of the victim's death was internal bleeding resulting from stab wounds to his chest. The medical examiner further testified, however, that all of the other injuries the victim sustained, the position in which he was tied to the ...
{ "pile_set_name": [ "FreeLaw", "Pile-CC" ] }
22,980
after installation in April 1981, the Zartuns were supplied additional propane at a cost of *545 $264, which amount was paid 10 days later. On July 1, 1981, the Zartuns paid $200 on the installation bill, leaving a balance due of $210, including interest. No further payments were made on the bill, nor does it appear th...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
23,632
trial court erred in not ordering the mother to pay child support. The parties were married in Illinois on February 10, 1990. At that time, the mother was a registered nurse and the father was a trauma surgeon. Two sons and a daughter were born of the marriage. At the time of the divorce, the older son was 12 years old...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
26,022
However, she testified that the father did not return home that night and never answered his pager because he had passed out in his automobile. In 1995, the mother had to take the younger son, who was an infant at the time, to the emergency room because he had a viral infection. She telephoned the father, who was at a ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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team's activities. She stated that she would take all three children to the soccer matches. The mother testified that the father rarely attended the soccer matches. The mother stated that she took care of the children's educational needs. She testified that she was a room mother at the children's school, helping with p...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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had urinated on his exercise mat. The mother testified that in April 2002 the parties were on a trip to New Orleans for one of the older son's soccer matches. She stated that the father had been drinking and that the father called her an obscene name several times while the children were awake in the next room. The mot...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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said that the older son is well-rounded, sweet, and very athletic. She testified that the younger son is quiet, loving, sweet, and kind and that the daughter is a "fun loving, wonderful little girl." Norris testified that she has seen the mother interact with the children and that the mother is very close to the childr...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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in the psychological testing, but he subsequently canceled each appointment. Dr. Koch testified that the mother should have custody of the children. He stated that the mother had taken care of the children's daily needs. Logan Cowart, who has a son on the older son's soccer team, testified that the mother generally sta...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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"Stop it, because we're in the—right in front of a fucking church." The older son testified that when a soccer coach would stay in a hotel with the mother and the children, they all stayed in a suite that had more than one bedroom and that the coach would stay in a different bedroom and a different bed than the mother ...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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go to a bar for a drink. He stated that he had been at the bar late at night with the father. Dr. Ikler stated that the father oversees all the surgical care units at the University of South Alabama. He testified that the father is responsible for every trauma case at the hospital and that the father also travels to le...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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believed that the mother had had an affair with Wittenbrink, the college baseball player who lived in the parties' home in May 2001. However, the father admitted that he never asked Wittenbrink to leave the parties' home, that he went out drinking with Wittenbrink, that he worked out with Wittenbrink, and that he recom...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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He testified that if he obtained custody he would want to live in the marital home but that if the mother were awarded custody he would want her and the children to live in a place that the mother could afford. Since the mother filed for divorce, the father had taken the children to Disney World, Baton Rouge, and Chica...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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also testified that the father had left them at home alone. Both the younger son and the daughter testified that they wanted to live with the mother. Carrie McCarthy, the father's cousin, was hired to act as the children's nanny and arrived in Mobile on April 11, 2003. She testified that she had been treated for depres...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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Dr. Bennett, the father's expert, testified that the children would be better off with either the mother or the father rather than a nanny. It is clear from the record that the father admitted to drinking alcohol in excess, throughout the children's lives. We note that although the father stated he would want to live i...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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that the father had been "pretty good" at working with him on his homework, had "always worked" with him on improving at baseball, and had taught the parties' youngest child to ride a bicycle. Other testimony indicated that the father played with the children and was active and friendly with them; in fact, one of the f...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
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¶ 5 as "loss of hearing, loss of feeling and movement in fact [sic] and jaw, quivering of jaw and pain." Facts adduced by the United States and undisputed by Espinoza flesh out the barebones allegations of the Complaint. Dr. Bruce Bloom,[4] an expert retained by Espinoza, testified medical records indicated the onset o...
{ "pile_set_name": [ "FreeLaw", "FreeLaw" ] }
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applied it to a less intensive treatment over 22 years. Though the court noted that "merely intermittent" services were not continuous, the plaintiff in that case had continued to see doctors only at one hospital. Espinoza thus cannot rely on Wehrman, for he began seeing outside physicians back in 1980. Otto applied th...
{ "pile_set_name": [ "FreeLaw", "PubMed Central" ] }
26,272
surrender possession of the premises. On July 16, 1996, when Ragan still had not paid the amount due, Woodcroft instituted an unlawful detainer proceeding against her in the General District Court for the City of Richmond, seeking accrued rent, costs, fees, and possession of the leased premises. Ten days later, prior t...
{ "pile_set_name": [ "FreeLaw", "OpenWebText2" ] }
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to deliver unsavoury messages to those cowards ‘living in poverty and disease epidemic’ in the South. South Korean military installations in my sights splash painted signage: “Come and see for yourself!” A temptation for curious North Korean eyes. A minefield spanning east to west, you’d never have an inkling as dense...
{ "pile_set_name": [ "OpenWebText2", "FreeLaw" ] }
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