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2contradiction
| The woman held the girl against her will. The her is more likely to refer to The girl than The woman because he girl against her will because the woman
In "The woman held the girl against her will. ", The her is more likely to refer to The girl than The woman because he girl against her will because the woman | This example is False. | winowhy |
0entailment
| Says Republican candidates in key Wisconsin Assembly races side with those who want to privatize Social Security and risk our retirements on Wall Street | This example is cognitive-bias. | mbib-base/cognitive-bias |
0entailment
| Under Rick Scott homeowners are paying higher home insurance premiums for less coverage | This example is not fake-news. | mbib-base/fake-news |
0entailment
| QuestionsForMen Did you know feminists think that violence is okay so long as the victim isn t seriously injured | This example is gender-bias. | mbib-base/gender-bias |
0entailment
| Maybe it was a Japanese car from Japan | This example is not hate-speech. | mbib-base/hate-speech |
0entailment
| death of auto tune is a single written by american rapper jay z | This example is not linguistic-bias. | mbib-base/linguistic-bias |
0entailment
| According to Richmond police in a Facebook post Monday officers responded to the North Richmond area around 6 30 p m on July 17 on a report of a possible wanted person | This example is not political-bias. | mbib-base/political-bias |
0entailment
| he accepts the idea that black people are genetically less intelligent because charles murray told him so do you also believe this | This example is not racial-bias. | mbib-base/racial-bias |
0entailment
| If you pay extra you can get one with downs I ain t judging | This example is text-level-bias. | mbib-base/text-level-bias |
2contradiction
| [Clarence] came to watch the school play. His daughter's son [Milton] held the lead role. [Milton] was so excited to introduce his new girlfriend to his mother, [Amy].
('Amy', 'Clarence') | This example is mother. | v1/gen_train234_test2to10 |
0entailment
| Using the second amendment as justification to allow civilians to own nuclear submarines. | This example is faulty generalization. | logical-fallacy |
0entailment
| practical or financial help that is provided, often by the government, for people or animals that need it
developed into two different categories social welfare defined as economic transfers outside the market system. social welfare defined as benefits and services to help people meet basic needs. | This example is not-paraphrase. | parade |
2contradiction
| For those who are not yomx, the probability of xevu is 63%. For those who are yomx, the probability of xevu is 64%.
For those who are yomx, would it be more likely to see xevu if the individual was not yomx? | This example is yes. | cladder |
2contradiction
| Workers would be granted only one single paid sick day.
| This example is SUBJ. | subjectivity |
2contradiction
| Meteors blazed across the atmosphere.
blazed | This example is literal. | MOH |
0entailment
| I like them like that because what I tend to do with so I like them that big because then I can cut them up into sticks, stick them in the fridge, then if I feel like being naughty not ever so naughty because I'm nibbling at carrots rather than a packet of crisps or something.
feel | This example is metaphorical. | VUAC |
0entailment
| Retailers J.C. Penney Co . Inc . ( JCP ) and Walgreen Co . ( WAG ) kick things off on Monday .
Retailers J.C. Penney Co . Inc . JCP.N and Walgreen Co . WAG.N kick things off on Monday . | This example is equivalent. | glue/mrpc |
2contradiction
| My goal is to become a senior software engineer. Would I achieve it faster by attending Hack Reactor or continuing to work as a junior web developer?
I'm 25 years old and working as a teacher. I want to become a web developer. Is it too late or can I be successful at it? | This example is duplicate. | glue/qqp |
2contradiction
| is the movie fool's gold a true story | This example is True. | super_glue/boolq |
2contradiction
| On a busy Friday morning in Manhattan, nine pedestrians suffered bullet or fragment wounds after police unleashed a hail of gunfire at a man wielding a .45 caliber pistol who had just killed a former co-worker. The officers unloaded 16 rounds in the shadow of the Empire State Building at a disgruntled former apparel designer, killing him after he engaged in a gunbattle with police, authorities said. Three passersby sustained direct gunshot wounds, while the remaining six were hit by fragments, according to New York Police Commissioner Ray Kelly. All injuries were caused by police, he said Saturday. One officer shot nine rounds and another shot seven. Police identified the gunman as Jeffrey Johnson, 58, who was apparently laid off from his job as a designer of women's accessories at Hazan Import Co. last year. Johnson, who served in the U.S. Coast Guard in the mid-1970s, had two rounds left in his pistol. It holds eight, Kelly said. Police identified the slain co-worker as Steven Ercolino, 41, who had apparently filed a prior complaint against his assailant, claiming that he thought Johnson would eventually try to kill him. Both men had filed harassment complaints against each other in April 2011, Kelly added. Ercolino was listed as a vice president of sales at Hazan Import Corp., according to his LinkedIn profile. "It's not something that should happen to a loving person like that," said his brother, Paul. "He's going to be so missed by everybody. He was a light of so many lives." Who confirmed that all bystander's injuries were caused by the police?
Ray Kelly | This example is False. | super_glue/multirc |
2contradiction
| fish : The shark is a large fish. :
fish : In the living room there was a tank of colorful fish. : | This example is False. | super_glue/wic |
0entailment
| Women sit at a bar that has dark cabinets , menus written on the walls , and a light hanging above the bar .
It is probable that women drink moodily , tired from the day 's labor . | This example is valid. | probability_words_nli/usnli |
0entailment
| Chances are about even that Bill put down the milk. It is probably not the case that Brian is a lion. It is probable that Mary moved to the office.
There is little chance that brian is a lion, and Bill put down the milk. | This example is invalid. | probability_words_nli/reasoning_1hop |
0entailment
| Chances are about even that Bernhard is a frog. It is improbable that John moved to the office. It is impossible that Antoine is hungry. It is likely that if Bernhard is a frog, or John moved to the office, then Fred is in the school. Chances are slight that if Bernhard is a frog, or John moved to the office, then Julius is a lion. There is little chance that if John moved to the office, and Antoine is hungry, then Jason is bored.
Chances are about even that either Bernhard is a frog, or Antoine is hungry. | This example is invalid. | probability_words_nli/reasoning_2hop |
0entailment
| Nobody needs to make that decision soon .
Command Uh , that 's a decision somebody 's gon na have to make probably in the next ten minutes . | This example is contradiction. | robust_nli_li_ts |
0entailment
| Leaker Manning criticizes Obama, draws Trump's ire
Leaker Manning, after commutation, draws Trump's ire | This example is different_event. | hlgd |
2contradiction
| In 1998 , Rituparna Sengupta and Indrani Halder shared the National Film Award for the film as Best Actress , Ghosh won the National Film Award as Best Screenplay .
In 1998 , Rituparna Sengupta and Indrani Halder won the National Film Award for the film as the Best Actress , Ghosh shared the National Film Award for the Best Screenplay . | This example is paraphrase. | paws/labeled_final |
2contradiction
| In 2007 , Bollano asserted that the Greek community of Kosovo deserved the same rights as the Albanians in Albania .
In 2007 , Bollano asserted that the Greek community of Albania deserved the same rights as the Albanians in Kosovo . | This example is paraphrase. | paws/labeled_swap |
0entailment
| Hi This will be my 4th ceceran. I'm 3wks and 6 days. This morning when I urinated there was a small amount of blood on the tissue. No blood today.
I recently delivered a child and have painful urination and blood in urine. Can it be UTI? | This example is False. | medical_questions_pairs |
2contradiction
| Bill bled on the floor. | This example is unacceptable. | glue/cola |
0entailment
| into the sort of heartache everyone | This example is negative. | glue/sst2 |
2contradiction
| How big is portfolio of Sequoia Capital? | This example is insincere question. | insincere-questions |
2contradiction
| objective: the scheme seeks long term capital appreciation. would take around 80-85 per cent exposure to equity, while bonds and money market instruments be up 20 of corpus. was made open-ended in february 2001. investment style matrix this shows that fund manager is following manage fund's portfolio. for equity funds , horizontal axis valuation vertical capitalization. subdivided into growth, value or blend categories. growth stocks are those expected grow at a pace outweighs average rate. however, these not cheap normally available price higher than its intrinsic value. lower their values but have potential unlock run. blended investing mix investing.market capitalization large cap, midcap small cap. manager: data source: research india pvt. ltd. disclaimer: by using economictimes.com including any software content contained therein, you agree assume complete full responsibility outcomes all trading decisions make, limited loss capital. site, terms se grievance redressal policy privacy policy. | This example is grover_large. | TuringBench |
0entailment
| Which company that manufactures video-game hardware sells the `` super system '' ? | This example is HUM:gr. | trec |
0entailment
| The character Dr Jordan Kenley was played by John Sloman .
Following the death of Dr. Jordan Kenley ( Mark Sloan ) , Chief Webber ( James Pickens , Jr. ) replaces his head of pediatric surgery with Dr. Arizona Robbins , a graduate of the Johns Hopkins School of Medicine . | This example is REFUTES. | vitaminc/tals--vitaminc |
2contradiction
| Sheriff Dave Clarke | This example is Hope_speech. | hope_edi/english |
2contradiction
| Eleven dead in shooting at Paris offices of satirical magazine Charlie Hebdo – live updates http://t.co/gOtSqbwROc
@guardian @Flap muslims,,this is the magazine that published the Mohamed cartoon a few years ago | This example is query. | rumoureval_2019/RumourEval2019 |
0entailment
| Trans are using the same logic feminists have been using for decades to destroy men so i don't feel sorry for wamen not one bit! | This example is hate_speech. | ethos/binary |
2contradiction
| @user @user ditto!! Such an amazing atmosphere! #PhilippPlein #cheerleaders #stunt #LondonEvents #cheer | This example is sadness. | tweet_eval/emotion |
2contradiction
| @user Are you pussy grabbing tonight?? | This example is hate. | tweet_eval/hate |
0entailment
| That moment when you have so much stuff to do but you open @user ... #productivity #tumblr | This example is irony. | tweet_eval/irony |
2contradiction
| @user we bout to start stepping out lol I ain’t doing another winter with no boo bro. Shit cold .... literally | This example is non-offensive. | tweet_eval/offensive |
2contradiction
| Wifey & Princess are going up to Granda\u2019s for thanksgiving today. I go Sunday. I think I\u2019ll watch Goon! | This example is negative. | tweet_eval/sentiment |
2contradiction
| Kudos to the mentality that believes people who are dumb enough to not use protection are 'mature enough' to take care of a baby. #SemST | This example is none. | tweet_eval/stance_abortion |
2contradiction
| IDC what the bible says, constitution says you can take it and shove it right back where it came from .. We aren't a theocracy. #SemST | This example is against. | tweet_eval/stance_atheism |
2contradiction
| srsly weirds me out i have to wear #sunscreen for the morning #dogwalk getting a #tan at 9am? #wtf #SemST | This example is against. | tweet_eval/stance_climate |
2contradiction
| 'Half victims, half accomplices, like everyone else' Simone De Beavoir #SemST | This example is against. | tweet_eval/stance_feminist |
0entailment
| @user Will #pervert #BillClinton be there if winner is teen girl? #HillaryClinton #Democrats #liberals #tlot #GOP #SemST | This example is against. | tweet_eval/stance_hillary |
2contradiction
| Merry Christmas @ Los Angeles, California | This example is 😁. | tweet_eval/emoji |
0entailment
| Good work by Tito bringing him in when he did, and even though it scared the hell out of me, taking him out when he did.
I hope Paps uses his starter-fastball sometimes. | This example is incidentally,. | discovery/discovery |
0entailment
| texas is the big one. | This example is Conventional-closing. | pragmeval/switchboard |
0entailment
| that would've taken more time. | This example is Defending/Explanation. | pragmeval/mrda |
2contradiction
| as someone with such an allergy, | This example is non-experiential. | pragmeval/verifiability |
0entailment
| a 50-foot crab was photographed in the u.k.
mystery of 50ft giant crab caught on camera yards from british harbour | This example is for. | pragmeval/emergent |
0entailment
| endungo is the name given by bayot speakers ,
but its meaning is not known . | This example is concession. | pragmeval/gum |
0entailment
| among the takeover-related stocks that sold off yesterday were disney, which closed down 2 1/8 to 121 1/4
philips industries tumbled 3/8 to 22 7/8 | This example is List. | pragmeval/pdtb |
2contradiction
| ni
no | This example is Alternation. | pragmeval/stac |
2contradiction
| did you miss the part where it is... the attempt to abort. which kills the women.it is not child birth that kills those women.it is an attempt to abort.if they didnt try and kill their baby.. they would not of died.having a child, is not a trajedy... its just part of life.its not a wrongful burden... or a flaw of existance.. its nature.dah... do you even read what is being posted?-mosheh thezion
yes, do you? it's in a country with no medical facilities, no sterile place to get it done. a country full of hiv and aids. i wouldn't be surprised if these mothers had hiv/aids and knew they'd leave their child an orphan. | This example is sarc. | pragmeval/sarcasm |
0entailment
| yes ... ok ... | This example is Positive. | silicone/sem |
0entailment
| mm | This example is backch. | silicone/oasis |
2contradiction
| Um - mm , yeah right ! | This example is negative. | silicone/meld_s |
2contradiction
| Um - mm , yeah right ! | This example is neutral. | silicone/meld_e |
0entailment
| right okay | This example is acknowledge. | silicone/maptask |
0entailment
| that's the whole point . all your inhibitions disappear because you can ’ t see the other person . this network allows you to talk to people whom you normally wouldn ’ t talk to . | This example is no emotion. | silicone/dyda_e |
0entailment
| that's the whole point . all your inhibitions disappear because you can ’ t see the other person . this network allows you to talk to people whom you normally wouldn ’ t talk to . | This example is inform. | silicone/dyda_da |
0entailment
| Honey this is natural phenomenon. I mean this only happens once a year. This is a great opportunity. | This example is fru. | silicone/iemocap |
0entailment
| 329 U.S. 482
67 S.Ct. 428
91 L.Ed. 436
ANDERSONv.YUNGKAU et al.
No. 87.
Argued Dec. 19, 20, 1946.
Decided Jan. 13, 1947.
Mr.
Robert S. Marx, of Cincinnati, Ohio, for petitioner.
Mr. LeWright Browning, of Ashland, Ky., for respondents.
Mr. Justice DOUGLAS delivered the opinion of the Court.
1
These are seven cases in which petitioner sued to recover stock assessments from shareholders of the Banco Kentucky Co. They were started in 1936 in the Eastern District of Kentucky and were stayed by agreement while the principal case upon which these depended, Anderson v. Abbott, 321 U.S. 349, 64 S.Ct. 531, 88 L.Ed. 793, 151 A.L.R. 1146, wended its way through the courts. In the latter case we sustained the liability of the shareholders of Banco for the stock assessment. That was in 1944. During the time Anderson v. Abbott was being litigated, the shareholders involved in the present litigation died and respondents became executors of their estates. Through no lack of diligence,1 petitioner failed to learn of these facts until more than two years later. Upon learning of them he promptly moved to revive the actions against the representatives of the decedents. The District Court, following Anderson v. Brady, D.C., 1 F.R.D. 589, denied the motions for revivor and granted motions of the executors to dismiss. The Circuit Court of Appeals affirmed by a divided vote. Anderson v. Yungkau, 6 Cir., 153 F.2d 685. The case is here on a petition for a writ of certiorari which we granted because the case presented an important problem in the construction of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.2
2
The case involves a reconciliation of Rule 25(a) and Rule 6(b). So far as material here, Rule 25(a) provides:
3
'If a party dies and the claim is not thereby extinguished, the court within 2 years after the death may order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party.'
And the relevant part of Rule 6(b) reads:
4
'When by these rules or by a notice given thereunder or by order of court an act is required or allowed o be done at or within a specified time, the court for cause shown may, at any time in its discretion * * * (2) upon motion permit the act to be done after the expiration of the specified period where the failure to act was the result of excusable neglect; but it may not enlarge the period for taking any action under Rule 59, except as stated in subdivision (c) thereof, or the period for taking an appeal as provided by law.'
5
It is said that since by Rule 25(a) substitution may be made within two years after the death of a party, substitution is, within the meaning of Rule 6(b), an act 'allowed' to be done 'within a specified time' which the court may on a showing of 'excusable neglect' permit to be done after the two year period. That argument is reinforced by reliance on the provision in Rule 6(b) which grants but two exceptions to the power of enlargement of time. Since Rule 25(a) is not included in the exceptions, it is argued that the time allowed by that rule may be enlarged under Rule 6(b). And it is pointed out that the facts of the present cases establish that the failure of the receiver to act within the two year period was the result of 'excusable neglect',3 thus giving the District Court discretion to allow the substitution under Rule 6(b).
6
We agree, however, with the Circuit Court of Appeals. Rule 25(a) is based in part on 42 Stat. 352, 28 U.S.C.A. § 778, which limited the power of substitution to two years from the death of a party.4 And even within that two year period substitution could not be made unless the executor or administrator was served 'Before final settlement and distribution of the estate.' That statute, like other statutes of limitations, was a statute of repose. It was designed to keep short the time within which actions might be revived so that the closing and distribution of estates might not be interminably delayed.5 That policy is reflected in Rule 25(a). Even within the two year period substitution is not a matter of right; the court 'may' order substitution but it is under no duty to do so. Under the Rule, as under the statute, the settlement and distribution of the estate might be so far advanced as to warrant a denial of the motion for substitution within the two year period. In contrast to the discretion of the court to order substitution within the two year period is the provisions of Rule 25(a) that if substitution is not made within that time the action 'Shall be dismissed' as to the deceased. The word 'shall' is ordinarily 'The language of command'. Escoe v. Zerbst, 295 U.S. 490, 493, 55 S.Ct. 818, 819, 820, 79 L.Ed. 1566. And when the same Rule uses both 'may' and 'shall', the normal inference is that each is used in its usual sense—the one act being permissive, the other mandatory. See United States ex rel. Siegel v. Thoman, 156 U.S. 353, 360, 15 S.Ct. 378, 380, 39 L.Ed. 450.
7
Thus, as stated by the Circuit Court of Appeals, Rule 25(a) operates both as a statute of limitations upon revivor and as a mandate to the court to dismiss an action not revived within the two year period. Rule 6(b) relates to acts required or allowed to be done by parties to an action and permits the court to afford relief to a party for his failure to act within the prescribed time limits. There would be more force in petitioner's argument if Rule 25(a) had, without more, set a two year period within which substitution might be made. But Rule 25(a) does not stop there. It directs the court to dismiss the action if substitution has not been made within that time. That is action required of the court, not of a party. And Rule 6(b) should not be construed to override an express direction of action to be taken by the court. See Wallace v. United States, 2 Cir., 142 F.2d 240, 244.
8
Reaso § of policy support this construction. It is, to be sure, stipulated that in five of the present cases the estate is 'still open and undistributed'; in one it is 'still open'; in another it has been distributed. At least where an estate is ready to be closed or where there has already been a distribution, revivor may work unfairness and be disruptive of orderly and expeditious administration of estates. But it is not enough to say that if Rule 6(b) and Rule 25(a) are construed to permit substitution after the two year period, the court need not allow it where unfairness or prejudice would result. For the normal policy of a statute of limitations is to close the door—finally, not qualifiedly or conditionally. The federal law embodied in Rule 25(a) has a direct impact on the probate of estates in the state courts. It should not be construed to be more disruptive of prompt and orderly probate administration in those courts than its language makes necessary.
9
Affirmed.
10
The CHIEF JUSTICE and Mr. Justice REED took no part in the consideration or decision of this case.
11
Mr. Justice RUTLEDGE, dissenting.
Rule 25(a) provides:
12
'If a party dies and the claim is not thereby extinguished, the court within 2 years after the death may order substitution of the proper parties. If substitution is not so made, the action shall be dismissed as to the deceased party. * * *.'
13
I agree that the rule confers discretion to order substitution of parties, hence in appropriate circumstances to refuse to do so and thereupon to dismiss the action. But I do not think the discretion ends with the two-year period.1 The rule is not worded to require this and ascribing such a construction to it brings it into collision with the express terms and the policy of Rule 6(b). The difference made by expiration of the period is not to convert the rule's command for dismissal from a discretionary to a mandatory one. It is merely to narrow the conditions under which the discretionary power shall be exercised.2
14
I find no basis for thinking that the time limitation prescribed by the first sentence of Rule 25(a) was intended to be treated differently than any other prescribed by the Rules, except those concerning which they expressly forbid enlargement. The committee which drafted the Rules was highly competent, spent years in exacting preparation, and was thoroughly cognizant of what it intended to propose concerning time limitations. Meticulous attention was given to them. By count the index shows 134 references to provisions relating to time for taking various actions.
15
The committee knew their volume and variety. It was conscious also of the many difficulties and injustices which had arisen by virtue of rigid time limitations, whether laid by statute, rule of court, or judicial decision.3 The deliberately chosen policy was to do away with those rigidities and to substitute sound discretionary limitations, except as otherwise expressly directed.4 This policy was stated clearly, fully and I think accurately in the Rules themselves by the addition of Rule 6, of which subdivision (b) is expressly applicable here.
16
By this unambiguous declaration it was provided that 'the court for cause shown may, at any time in its discretion * * * (2) upon motion permit the act to be done after the expiration of the specified period where the failure to act was the result of excusable neglect.'5 This was applicable in any situation 'when by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified period,' with two and only two exceptions. These were to forbid enlarging the time for taking any action under Rule 59, except as stated in subdivision (c) thereof, and the period for taking appeal. Rule 73. The forbidden enlargements under Rule 59 involve matters concerning the granting of new trials.
17
In those two respects and in them alone the time limitation was made, and was intended to be, 'jurisdictional.' For the rest the courts were to exercise discretion. It is to be emphasized that the limits of discretion fixed for enlarging time after the prescribed periods were narrowed by requiring that enlargement be made, if at all, only upon motion and only upon showing that the failure to act within time was due to excusable neglect.6 Those limitations were applicable here, in my opinion, and admittedly they were satisfied.
18
Rule 6, including subdivisions (b) and (c), was thus a general and a carefully drawn declaration of paramount policy for the application of limitations of time. It made no distinction between rules governing ctions to be taken by the parties and actions to be taken by the courts.7 It made no exceptions other than the two expressly set forth. This Court approved the rule as drawn and Congress allowed it to become law without modification. To assume or to rule that additional exceptions were intended is to assume that the committee, the Court and Congress overlooked others which should have been stated in Rule 6(b) or did not intend the declared policy of that section to be effective fully according to its terms. I am unable to accept either conclusion. If we may make an additional exception forbidding enlargement of time in cases covered by Rule 25(a) in the face of the express provision of Rule 6(b), there is no reason why others may not also be made, and thus the salutary policy of Rule 6(b) be defeated.8
19
The considerations of policy said to support the decision would be grounds either for the district court's consideration in determining whether to deny enlargement in the exercise of its discretion or for amendment of Rule 6(b) so as to exclude such cases as this.9 They are not a basis in my opinion for changing that rule by interpretation or for opening the door to further restrictive amendments of Rule 6(b) in this respect by that process. If this is to be done, it should be by the prescribed rule-making procedure. Indeed the Advisory Committee, in the recently proposed amendments to the rule, has recommended that Rule 25(a) be rephrased so as to eliminate any question that the rule has the meaning ascribed to it in this opinion. And its note appended to the recommendation states that the purpose is to guard against injustices likely to result from a flat two-year limitation.10 In my opinion the committee's action and the reasons given for it confirm, rather than disavow, the section's originally intended meaning.
20
This case is an illustration of the kinds of injustice the committee sought to avoid. And the considerations of policy are not altogether one-sided. The effect of the decision in such a case as this is not only to throw an admittedly impossible burden upon the party seeking without neglect to enforce his cause of action. It is also to throw upon other parties, equally helpless, a heavier burden of financial loss, whether by depriving them of rightful recovery or by forcing them, in some instances at least, to bear a larger share of the common responsibility.11
21
In my opinion the judgment should be reversed and the cause remanded to the District Court for the exercise of the discretion given by the Rules.
22
Mr. Justice BURTON joins in this dissent.
1
Petitioner brought actions against approximately 5,000 shareholders scattered throughout the United States and some in foreign countries. During the progress of the litigation some changed their residences. And it was stipulated that petitioner, with a limited staff, could not during this time keep up with the changes of residence or deaths of defendants.
2
Cf. Ainsworth v. Gill Glass & Fixture Co., 3 Cir., 104 F.2d 83, with Burke v. Canfield, 72 App.D.C. 127, 111 F.2d 526, and Mutual Benefit Health & Accident Ass'n v. Snyder, 6 Cir., 109 F.2d 469.
3
See note 1, supra.
4
But see Baltimore & Ohio R. Co. v. Joy, 173 U.S. 226, 19 S.Ct. 387, 43 L.Ed. 677; Winslow v. Domestic Engineering Co., D.C., 20 F.Supp. 578.
5
And see H.Rep. No. 429, 67th Cong., 1st Sess., p. 2.
1
The Notes of the Advisory Committee on the original Federal Rules state that Rule 25(a) 'is based upon Equity Rule 45, 28 U.S.C.A. § 723 Appendix (Death of Party—Revivor) and U.S.C., Title 28, § 778, 28 U.S.C.A. § 778, (Death of parties; substitution of executor or administrator).' Prior to 1921 what is now 28 U.S.C. § 778, 28 U.S.C.A. § 778, did not apply to suits in equity. Equity Rule 45, with its provision that a motion for substitution might be made within 'a reasonable time' was governing. But by 42 Stat. 352 it was provided that the revival of equity suits should be by scire facias, and a two-year statute of limitations was made applicable. See 28 U.S.C.A. § 778 and 'Compiler's note' thereafter at No. 33, 28 U.S.C.A. (1928) § 774 to End, p. 99.
However, in general the Rules were intended to supersede rather than incorporate previously existing statutory or other provisions, where the wording was different; and the committee's statement that Rule 25(a) 'is based upon Equity Rule 45' as well as 28 U.S.C. § 778, 28 U.S.C.A. § 778, together with the different wording of the rule and that section, may indicate that the committee either considered Equity Rule 45 still effective, for which there seems to have been some judicial authority, see Electropure Sales Corporation v. Anglim, D.C., 21 F.Supp. 451, 452; Gaskins v. Bonfils, D.C., 4 F.Supp. 547, 550—551, or intended to adopt it in substance as the basis and effect of Rule 25(a). Had the purpose been to incorporate 28 U.S.C. § 778, 28 U.S.C.A. § 778, there would have been no necessity for changing the wording, except in relation to the scire facias procedure. See note 10 infra and text.
2
See text at note 6 infra.
3
See Rules 6(b), (c) and 60, all of which have received wide comment. See also notes 4 and 10.
4
See Proceedings of the Institute on the Federal Rules of Civil Procedure at Washington, D.C., and of the Symposium at New York City (1939) 83—84; Proceedings of the Institute on the Federal Rules of Civil Procedure at Cleveland (1938) 210—211; Hearings before the Committee on the Judiciary of the House of Representatives with Regard to the Rules of Civil Procedure for the District Courts of the United States, 75th Cong., 3d Sess., 60.
5
The rule in full is as follows:
'Rule 6(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion (1) with or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion permit the act to be done after the expiration of the specified period where the failure to act was the result of excusable neglect; but it may not enlarge the period for taking any action under Rule 59, except as stated in subdivision (c) thereof, or the period for taking an appeal as provided by law.'
6
See note 5. If Rule 25(a) constitutes in effect a statute of limitations, as the Court holds, it may be inquired whether even upon proper application made within the two-year period under Rule 6(b)(1), see note 5, the Court could enlarge the time by extension, as seems clearly contemplated by the clause 'or as extended by previous order.'
7
See note 5. The rules are replete with provisions for action to be taken within specified periods by the courts upon their own initiative as well as upon motion by the parties. Rule 6(b) is itself an illustration. Certainly it cannot be said, in view of the rule's comprehensive language, that it applies only to actions to be taken by the parties and has no application to the large number of instances in which limitations of time are imposed for action to be taken by the courts. Such a construction would bring back many of the evils the Rules were designed to avoid. It would defeat perhaps as many of the literal and intended applications of Rule 6(b) as it would preserve.
Rule 6(c) is as follows: 'The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the expiration of a term of court. The expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it.'
8
The Advisory Committee in its Report of Proposed Amendments to the Rules of Civil Procedure (1946) 2—6 points out that District Courts and Circuit Courts of Appeals in some cases have refused to apply Rule 6(b) to other Rules as well as Rule 25(a), see, e.g., Wallace v. United States, 2 Cir., 142 F.2d 240; Reed v. South Atlantic Steamship Co., D.C., 2 F.R.D. 475; Mutual Benefit Health & Accident Ass'n v. Snyder, 6 Cir., 109 F.2d 469; cf. Burke v. Canfield, 72 App.D.C. 127, 111 F.2d 526, though other cases have ruled the other way. See, e.g., Schram v. O'Connor, D.C., 2 F.R.D. 192; Ainsworth v. Gill Glass & Fixture Co., 3 Cir., 104 F.2d 83.
9
But see note 10 and text.
10
Report of Proposed Amendments to Rules of Civil Procedure for the District Courts of the United States (1946) 31—32.
The revision of Rule 25(a) recommended by the committee reads as follows, the revised matter appearing in italics: 'If a party dies and the claim is not thereby extinguished, the court upon application made within 2 years after the death shall order substitution of the proper parties. If the appli ation is made after 2 years the court may order substitution but only upon the showing of a reasonable excuse for failure to apply within that period. If substitution is not so made, the action shall be dismissed as to the deceased party. * * *'
The committee appends the following comment: 'This amendment guards against possible injustice in a case where there is some reasonable excuse for not applying for substitution within the 2-year period. It has been held that the court has no power to permit substitution after the expiration of the 2-year limit, irrespective of the circumstances. Winkelman v. General Motors Corporation, D.C., S.D.N.Y.1939, 30 F.Supp. 112; Anderson v. Brady, D.C., E.D.Ky.1941, 1 F.R.D. 589; Photometric Products Corp. v. Redtke, D.C., S.D.N.Y., 1946, 5 F.R.D. 394; Anderson v. Yungkau, 6 Cir., 1946, 153 F.2d 685, cert. granted, 1946, 328 U.S. 829, 66 S.Ct. 1025.'
In its comment relating to Rule 6(b), pp. 2—3, the committee states: 'In a number of cases the effect of Rule 6(b) on the time limitations of these rules has been considered. Certainly the rule is susceptible of the interpretation that the court is given the power in its discretion to relieve a party from failure to act within the times specified in any of these other rules, with only the exceptions stated in Rule 6(b), and in some cases the rule has been so construed.'
'With regard to Rule 25(a) for substitution, it was held in Anderson v. Brady, D.C., E.D.Ky.1941, 1 F.R.D. 589; and in Anderson v. Yungkau, 6 Cir., 1946, 153 F.2d 685, cert. granted (1946) 328 U.S. 829, 66 S.Ct. 1025, that under Rule 6(b) the court had no authority to allow substitution of parties after the expiration of the limit fixed in Rule 25(a).'
11
The statutory liability of shareholders in national banking associations was created by 12 U.S.C. §§ 63, 64, 12 U.S.C.A. §§ 63, 64. By § 63 the shareholder was made 'individually responsible, equally and ratably and not one for another, for all contracts, debts, and engagements of such association, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares.' (Emphasis added.) By § 64 the shareholder was made 'individually responsible for all contracts, debts, and engagements of such association, each to the amount of his stock therein, at the par value thereof in addition to the amount invested in such stock.'
To what extent § 64 may have modified § 63 has been disputed. See American Trust Co. v. Grut, 9 Cir., 80 F.2d 155; First Nat. Bank in Eureka, Kan., v. First Nat. Bank of Eureka, Kan., D.C., 14 F.2d 129. But in Anderson v. Abbott we said: 'It is sufficient at this time to state that the liability of the shareholders of Banco would be measured by the number of shares of stock of the Bank, whether several or only fractional, represented by each share of stock of Banco; and that the assessment liability of each share of stock of Banco would be a like proportion of the assessment liability of the shares of the Bank represented by the former.' 321 U.S. 349, 368—369, 64 S.Ct. 531, 540, 541, 88 L.Ed. 793, 151 A.L.R. 1146. And in Frank v. Giesy, 117 F.2d 122, 125, it was held that the omission in § 64 of the pro rata limitation of § 63 was intended to strengthen the position of creditors, making each shareholder's liability several and fully enforceable though others go free. In First Nat. Bank v. First Nat. Bank, supra, the shareholder made to pay was held entitled to enforce con ribution against others not proceeded against. The shareholder's liability is secondary only, McClaine v. Rankin, 197 U.S. 154, 161, 25 S.Ct. 410, 412, 49 L.Ed. 702, 3 Ann.Cas. 500; First National Bank of Boston v. Nichols, 294 Mass. 173, 181, 200 N.E. 869; and though one is not relieved either wholly or in part because others are not compelled to pay, neither is any required to pay more proportionately than is needed from the fund actually collected to discharge the bank's obligations. Bank of Ware Shoals v. Martin, D.C., 17 F.Supp. 61, 63. The liability is not a debt but is one merely assuring payment of the bank's obligations. McClaine v. Rankin, supra.
The Court's decision therefore in effect cuts off any possibility shareholders forced to pay may have for reduction of the amounts of their payments either through the receiver's enforcement of the liability directly against decedent shareholders' estates or by seeking contribution from them after the two-year period. And this is done regardless of the estate's comparative ability to pay, of whether it is in an early or a late stage of administration, and of when the death occurs. Thus, in these cases, only one estate has been closed and one other is nearing that stage; but so far as appears the other five remain open and undistributed.
The suits were begun in 1936. Eight years were taken up for litigation of the principal issue of liability in Anderson v. Abbott, supra. That liability having been established after so long a time, now eleven years after the suits were instituted this decision comes to nullify it in substantial part and effect. The result, in my opinion, is quite as much to make the protection afforded by these statutes turn on accidents of life and death in some instances, perhaps in many, at variance with the nature of the liability and its fair administration, as other distinctions were said in the Anderson case to make the protection turn on irrelevant accidents. 321 U.S. at page 367, 64 S.Ct. at page 540, 88 L.Ed. 793, 151 A.L.R. 1146.
| This example is 9. | lex_glue/scotus |
0entailment
| As compensation for Executive’s services to the Company, the Company shall pay Executive an annual base salary (as in effect from time to time, the “ Base Salary ”) at an initial rate of $350,000 per year (pro-rated for any partial year). The Base Salary shall be paid to Executive in accordance with the usual payroll practices of the Company in effect from time to time. The Base Salary may be increased (but not decreased other than pursuant to an across-the-board reduction that applies to all employees or solely to senior executives of the Company) in the sole discretion of the Compensation Committee of the Board of Directors (the “ Compensation Committee ”) or the Board of Directors. | This example is Base Salary. | lex_glue/ledgar |
0entailment
| 适合无聊的时候看看，纸质很好，图片也很好 但是总觉得冷幽默有点落后 | This example is zh. | language-identification |
0entailment
| I read Holes in 5th grade so when I heard they were doing a movie I was ecstatic! Of course, being my busy self, I didn't get chance to see the movie in theaters. Holes was at the drive-in just out of town but, alas, We were just too busy. I was surprised to hear that all my friends had seen it and not one of them had invited me! They all said it was good but I've read great books that have made crappy movies so I was definately worried.<br /><br />Suddenly the perfect opportunity to see it came. It was out that week and my parents were going on a cruise and I was left to babysit. My sister, who is 9, and I watched it and absolutely loved it! I then took it to the other people I was babysitting's house and their kids, 9 and 4, liked it too. Even my parents loved it and they're deffinately movie critics. Overall, I recommend this movie is for anyone who understands family morale and and loves a hilarious cast! This movie should be on your top 5 "to See" list!!!! | This example is pos. | imdb |
0entailment
| if there's a way to effectively teach kids about the dangers of drugs , i think it's in projects like the ( unfortunately r-rated ) paid . | This example is pos. | rotten_tomatoes |
0entailment
| Winless PSG draws Saint-Etienne 2-2 Paris Saint-Germain, still without a league victory this season, managed just a 2-2 draw Sunday with lowly Saint-Etienne in the French First Division. | This example is Sports. | ag_news |
2contradiction
| It's rare to find a good quality AYCE sushi restaurant that includes sashimi. Sure certain restaurants (starts with a T ends with odai and the other place starts with an M and ends with akino) serve AYCE sushi and sashimi but the quality's poor. Although there's a limit to how much sashimi you can order at Sushi Wa, you're guaranteed to have fresh fish that looks and tastes superb. It's a 20+ miles away from where I love but it's worth it. The interior is clean and modern. The servers are great too. | This example is 4 stars. | yelp_review_full/yelp_review_full |
0entailment
| Orion Pharma 's operating profit increased by 42.5 % from 2004 . | This example is positive. | financial_phrasebank/sentences_allagree |
0entailment
| fifty times the brahmins' offer deluged all the floor. | This example is no_impact. | poem_sentiment |
0entailment
| Eliminedu is a village and panchayat in Ranga Reddy district AP India. It comes under Ibrahimpatnam mandal.It is 25 kilometers away from Hyderabad city. The Outer Ring Road Hyderabad is 13 kilometers from the village. | This example is Village. | dbpedia_14/dbpedia_14 |
2contradiction
| I had higher hopes for this video, but sadly the inspiration was not there. This video does not rival The Secret in any way. Friedman's whole premise on why we don't get what we want is because we don't pay attention to our body sensations. However, in my experience, as a very intuitive person and one that has learned to pay very close attention to the physiology (a term he never used, but is what he is talking about) of my body, I've gotten burned many times when I did not listen. Friedman confesses to having an anxiety and other disorders, and this practice he calls the Thought Exchange worked for him. I agree if you have severe mental health disorders than practicing something as he has outlined might work, but not for the normal and healthy. Listen to your gut, listen to your body, otherwise you will regret it. | This example is positive. | amazon_polarity/amazon_polarity |
0entailment
| I do n't know if that is true . | This example is noHate. | hate_speech18 |
2contradiction
| PRIVATE! Your 2003 Account Statement for 07815296484 shows 800 un-redeemed S.I.M. points. Call 08718738001 Identifier Code 41782 Expires 18/11/04
| This example is ham. | sms_spam |
0entailment
| ' <Butcher/> of Bosnia ' Ratko Mladic found guilty of genocide and war crimes : Dancer :
' Butcher of Bosnia ' Ratko Mladic found guilty of <genocide/> and war crimes : jaywalking : | This example is sentence2. | humicroedit/subtask-2 |
2contradiction
| Where is the nearest Starbucks? | This example is ShareETA. | snips_built_in_intents |
0entailment
| I am so damn done dealing with hoes with kids. Puerto Rican dominican I don't care. | This example is offensive language. | hate_speech_offensive |
0entailment
| why do you wear a bra even though your boobs are 36b. that is nothing?
| This example is Health. | yahoo_answers_topics |
0entailment
| In the space of a day, R. Kelly‘s name has catapulted back into the headlines after a shocking exposé alleged that he is leading a secret “sex cult” and is holding women against their will. Since the story hit the wire, the singer has, via his publicist, denied the claims and alluded to taking legal action. However, it’s quickly becoming clear that the drama isn’t going anywhere. The family of alleged hostage Jocelyn Savage held a press conference claiming that Kelly has brainwashed the 21 year old. So much so that she effectively has Stockholm Syndrome: In a twist, Jocelyn sat down with TMZ to refute the claims of her family, insisting that she has been receiving their messages but has willingly cut off communication with them. She wouldn’t, however, reveal what her current living arrangement is nor which city she resides in: Sigh. Keep it locked on That Grape Juice for the latest. | This example is false. | hyperpartisan_news |
2contradiction
| To implement the two << speech enhancement systems >> based on real-time VC , one from NAM to a whispered voice and the [[ other ]] from electrolaryngeal speech to a natural voice , we propose several methods for reducing computational cost while preserving conversion accuracy . | This example is FEATURE-OF. | sciie |
0entailment
| We are going to make such a comparison with the theories proposed by J. Hobbs ( 1979 , 1982 ) that represent a more computationally oriented approach to coherence , and those of T.A. van Dijk and W. Kintch ( 1983 ) , who are more interested in addressing psychological and cognitive aspects of discourse coherence . | This example is CompareOrContrast. | citation_intent |
2contradiction
| Spermatogonial transplantation was performed and recipients were prepared as described previously [7]. | This example is result. | scicite |
0entailment
| On average, women make 77 cents for every dollar men make. | This example is mostly-true. | liar |
0entailment
| mulberry
coffee | This example is sibl. | lexical_relation_classification/K&H+N |
0entailment
| chain
marriage | This example is RANDOM. | lexical_relation_classification/CogALexV |
0entailment
| crow
caw | This example is event. | lexical_relation_classification/BLESS |
2contradiction
| stove
stability | This example is HYPER. | lexical_relation_classification/ROOT09 |
0entailment
| house
bathroom | This example is HasA. | lexical_relation_classification/EVALution |
0entailment
| [Today's Market Forecast]</br></br>Cash Machines</br></br>After so many laps around the track, the U.S. consumer's legs have got to be feeling mighty heavy by now. Thank goodness companies are in such spry shape.</br></br>Thanks to the economic recovery that took hold last year, together with low interest rates and stringent cost controls, companies have more than repaired the heavy damage that hit their balance sheets at the start of the decade. Profit margins have shown a healthy climb. As a percentage of gross domestic product, profits have rarely been so high.</br></br>Corporate wallets have fattened markedly as a result, with yesterday's second-quarter flow of funds report from the Federal Reserve suggesting companies have the best cash position in 40 years. | This example is no. | crowdflower/economic-news |
2contradiction
| Touring the Ball Manufacturing plant in Conroe made me a little thirsty for some reason... http://t.co/LxxnGYKxL7 | This example is national. | crowdflower/political-media-audience |
0entailment
| Touring the Ball Manufacturing plant in Conroe made me a little thirsty for some reason... http://t.co/LxxnGYKxL7 | This example is constituency. | crowdflower/political-media-message |
2contradiction
| @ykesha2001 yeah, I also had to do a paper.. I only have one more final left: algebra.. & I take it on my birthday!! (june 3) | This example is enthusiasm. | crowdflower/text_emotion |
2contradiction
| @united I understand, but it's tough when there is no way to get to the airport w/o serious risk of an accident. It's a steep price. | This example is negative. | crowdflower/airline-sentiment |
0entailment
| @angiemartinez & it's about 2 be 86 degrees out here in NYC, shiiiiiitttt, fuck glodman/sachs, Obama better get a plan 4 this global warming | This example is Yes. | crowdflower/tweet_global_warming |
0entailment
| RT @mention Reading: #China_Õs #Nuclear Power Plans Unfazed by Fukushima #Disaster @mention {link} similar to our: {link} | This example is Neutral / author is just sharing information. | crowdflower/sentiment_nuclear_power |
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