Those things ( expedited appeals ) are not granted in the ordinary course of business so this means that the court of appeals was convinced by the Justice Department that there is some urgency to the matter, " said antitrust attorney Joseph Kattan of the Morgan, Lewis and Buckius law firm in Washington.
42.
Although, then, the Appellate Division in " Anderson Shipping v General National Insurance " refrained from deciding the point, it assumed that an insured ( at least, a corporate insured like Anderson Shipping ) should be deemed to know every circumstance which, in the ordinary course of business, ought to be known by it.
43.
The execution creditor, or any person having an interest in the proper realisation of the property, may by notice to the sheriff, within fifteen days after attachment, and subject to certain conditions, require that such property be sold by an auctioneer in the ordinary course of business, and may in such notice nominate the auctioneer to be employed.
44.
From the charger's perspective, although all of their assets are encumbered, because the security " floats ", they remain free to deal with the assets and dispose of them in the ordinary course of business, thereby obtaining the maximum credit benefit from the lender, but without the inconvenience of requiring the secured creditor's consent to dispose of stock in trade.
45.
Referencing " Gordon v . Virtumundo, Inc . ", a Ninth Circuit case, the court specified that harm must be both real and of the type experienced by ISPs, something " beyond the mere annoyance of spam and greater than the negligible burdens typically borne by an IAS provider in the ordinary course of business . " The court held that Melaleuca had not satisfied this legal test that Congress intended for ISP providers.
46.
Because it is not an act in the ordinary course of business, and must inevitably produce an act of bankruptcy, and it defeats the equality intended by the law . . . If the conveyance be to distribute all his effects just as the Statutes of Bankruptcy direct, it is fraudulent and void; because a man shall not choose his own assignees, and thereby defraud the law, which vests the power over bankrupts in the Great Seal.
47.
Rather : " If an inventor, having made his device, gives or sells it to another, to be used by the donee or vendee without limitation or restriction or injunction of secrecy and it is so used, such use is public even though the use and knowledge of the use may be confined to one person . " It is a public use because " [ s } he might have exhibited them to any person, or made other steels of the same kind and used or sold them without violating any condition or restriction imposed on her by the inventor . " Thus, the Court treated Barnes's gift of the corset steels to his " intimate friend " ( not then his wife ) without her first signing a confidentiality agreement as if it were a sale in the ordinary course of business.
48.
Provides that the federal " Switchblade Knife Act " does "'not "'apply to : 1 ) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business; 2 ) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce of switchblade knives pursuant to contract with the Armed Forces; 3 ) to the Armed Forces or any member or employee thereof acting in the performance of his duty; 4 ) the possession and transportation upon his person of any switchblade knife with a blade three inches or less in length by any individual who has only one arm, and 5 ) a knife " that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife ".
49.
Instead, Treasury Regulation Sec . 15A . 453-1 ( b ) ( 2 ) ( iii ) defines contract price as " the total contract price equal to selling price reduced by that portion of any qualifying indebtedness . . . assumed or taken subject to by the buyer, which does not exceed the seller's basis in the property ( adjusted, for installment sales in taxable years ending after October 19, 1980, to reflect commissions and other selling expenses as provided in paragraph ( b ) ( 2 ) ( v ) of this section ) . " Qualifying indebtedness is further defined as a " mortgage or other indebtedness encumbering the property and indebtedness, not secured by the property but incurred or assumed by the purchaser incident to the purchaser's acquisition, holding, or operation in the ordinary course of business or investment, of the property . " Qualifying indebtedness specifically excludes any debts that are incident to the disposition of the property, such as legal fees incurred during the sale, or debts that are not functionally related to the taxpayer's holding of the property.
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