alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Select Theatres Corporation, Suing on Behalf of Itself and All Other Stockholders of Shubert Music Publishing Corporation, Appellant, *v.*Harms, Inc., Respondent, et al., Defendants.

First Department,

April 12, 1948.

*506*Milton B. Weir*of counsel *(William Klein*and *Adolph Lund*with him on the brief; *Klein & Weinberger,*attorneys), for appellant.

*Joseph D. Karp*of counsel *(Phillip Wattenberg*with him on the brief; *B. W. Perldns,*attorney), for respondent.

*Per Curiam.*

Although, as a part of the relief sought, the complaint asks for a dissolution of the corporation in whose behalf this action is brought, the cause of action nevertheless is, in its essence, a derivative one brought on behalf of the corporation and not for the plaintiff’s individual benefit. It was error, therefore, to refuse" to strike out counterclaims interposed not against the corporation but against the plaintiff individually. Although amended section 266 of the Civil Practice Act (L. 1936, eh. 324), effective September 1,1936, had liberalized the practice relating to the pleading of counterclaims, that section has not abolished the rule that the debts asserted -between plaintiff and defendant must be mutual and, to be mutual, the debts must be to and from the same persons in the same capacity *(Matter of People [Consolidated Ind. & Ins. Co.],*287 N. Y. 34, 3*8; Matter of Proffen,*175 Misc. 447, 449-450). Plaintiff in this action asserts no claim on behalf of itself. It has no standing in this action apart from that which is derived as a stockholder and, if successful, any recovery would inure not to the benefit of plaintiff but to the benefit of the corporation in whose behalf the action is brought.

The order appealed from should be reversed, with $20 costs and disbursements to the appellant and the counterclaims contained in the answer of defendant Harms, Inc., dismissed without prejudice.

G-lennon, J. P., Dore, Cohn, Callahan and Shientag, JJ., concur.

Order unanimously reversed with $20 costs and disbursements to the appellant and the counterclaims contained in the answer of defendant Harms, Inc., dismissed without prejudice. Settle order on notice.
### **CHAPTER 4—NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS**

#### **Editorial Notes**

#### Codification

Prior rules for preventing collision prescribed by R.S. §4233 to be followed by vessels of the Navy and mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on the high seas and waters connected therewith by the International Rules (act Aug. 19, 1890, ch. 802 [sec. 61 et seq. of this title]) were superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by act Feb. 8, 1895, ch. 64 (section 241 et seq. of this title); were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal by act of Feb. 19, 1895, ch. 102 (see section 301 et seq. of this title); and were superseded as to navigation of all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries by act June 7, 1897, ch. 4, §1, 30 Stat. 96 (section 151 et seq. of this title), leaving them applicable solely to the Red River of the North and rivers emptying into the Gulf of Mexico.
#### Irwin M. Coane, Individually and as a Stockholder of American Distilling Company, Suing on His Own Behalf and on Behalf of Said Corporation, Respondent-Appellant, Ida Gelfand, Individually and as a Stockholder of American Distilling Company, Suing on Her Own Behalf and on Behalf of Stockholders Similarly Situated, Appellant-Respondent, Craftsmen Finance & Mortgage Co., Inc., et al., Respondents, and Esther Garwin et al., Plaintiffs, v. American Distilling Company et al., Appellants-Respondents, et al., *1001Defendants. (Consolidated Actions.)

Settle order on notice. Present — Townley, Glennon, Untermyer, Cohn and Callahan, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           1,159
<SECURITIES>                                         0
<RECEIVABLES>                                   41,068
<ALLOWANCES>                                    (1,402)
<INVENTORY>                                     26,556
<CURRENT-ASSETS>                                75,610
<PP&E>                                         101,280 
<DEPRECIATION>                                  (7,299)
<TOTAL-ASSETS>                                 668,171
<CURRENT-LIABILITIES>                           44,522
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     101,436
<TOTAL-LIABILITY-AND-EQUITY>                   668,171
<SALES>                                        158,180
<TOTAL-REVENUES>                               163,463
<CGS>                                           64,052
<TOTAL-COSTS>                                  108,025
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,866
<INCOME-PRETAX>                                 40,717
<INCOME-TAX>                                    15,396
<INCOME-CONTINUING>                             20,910
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 (4,411)
<CHANGES>                                            0
<NET-INCOME>                                    20,910
<EPS-PRIMARY>                                      .69
<EPS-DILUTED>                                      .69
        

</TABLE>
FY2007
            IMAGIN
      MOLECULAR CORPORATION
            FORM
      10-KSB




EXHIBIT
32.1







Certification
Pursuant to 18 U.S.C. Section 1350,





As
Adopted Pursuant to





Section
906 of the Sarbanes-Oxley Act of 2002







In
connection with the Annual Report of Imagin Molecular Corporation (the
“Company”) on Form 10-KSB for the year ended December 31, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Joseph G.
Oliverio, as Chief Executive Officer of the Company, hereby certifies, pursuant
to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 that:




(1)  The
Report fully complies with the requirements of section 13 (a) or 15 (d), as
applicable of the Securities Exchange Act of 1934: and




(2)  The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.







Dated: October
      22, 2008
            /s/ Joseph G.
      OliverioJoseph
      G. OliverioChief
      Executive Officer








A signed
original of this written statement required by Section 906 has been provided to
Imagin Molecular Corporation and will be retained by Positron Corporation and
furnished to the Securities and Exchange Commission or its staff upon
request.
IIB 

108TH CONGRESS 

1ST SESSION H.R. 1511

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2003

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT

To award a congressional gold medal to Prime Minister 

Tony Blair.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1511 RFS 

1 SECTION 1. FINDING. 

2 The Congress finds that Prime Minister Tony Blair 

3 of the United Kingdom has clearly demonstrated, during 

4 a very trying and historic time for our 2 countries, that 

5 he is a staunch and steadfast ally of the United States 

6 of America. 

7 SEC. 2. CONGRESSIONAL GOLD MEDAL. 

8 (a) PRESENTATION AUTHORIZED.—The Speaker of 

9 the House of Representatives and the President Pro Tem10 pore of the Senate shall make appropriate arrangements 

11 for the presentation, on behalf of the Congress, of a gold 

12 medal of appropriate design, to Prime Minister Tony 

13 Blair, in recognition of his outstanding and enduring con14 tributions to maintaining the security of all freedom-loving 

15 nations. 

16 (b) DESIGN AND STRIKING.—For purposes of the 

17 presentation referred to in subsection (a), the Secretary 

18 of the Treasury (referred to in this Act as the ‘Secretary’) 

19 shall strike a gold medal with suitable emblems, devices, 

20 and inscriptions to be determined by the Secretary. 

21 SEC. 3. DUPLICATE MEDALS. 

22 The Secretary may strike and sell duplicates in 

23 bronze of the gold medal struck pursuant to section 2 

24 under such regulations as the Secretary may prescribe, at 

25 a price sufficient to cover the cost thereof, including labor, 
3

HR 1511 RFS 

1 materials, dies, use of machinery, and overhead expenses, 

2 and the cost of the gold medal. 

3 SEC. 4. STATUS OF MEDALS. 

4 (a) NATIONAL MEDALS.—The medals struck pursu5 ant to this Act are national medals for purposes of chapter 

6 51 of title 31, United States Code. 

7 (b) NUMISMATIC ITEMS.—For purposes of section 

8 5134 of title 31, United States Code, all medals struck 

9 under this Act shall be considered to be numismatic items. 

10 SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF 

11 SALE. 

12 (a) AUTHORITY TO USE FUND AMOUNTS.—There is 

13 authorized to be charged against the United States Mint 

14 Public Enterprise Fund such amounts as may be nec15 essary to pay for the costs of the medals struck pursuant 

16 to this Act. 

17 (b) PROCEEDS OF SALE.—Amounts received from the 

18 sale of duplicate bronze medals authorized under section 

19 3 shall be deposited into the United States Mint Public 

20 Enterprise Fund.

Passed the House of Representatives June 25, 2003. 

Attest: JEFF TRANDAHL, 

Clerk.
#### § 1636.101 Purpose.

The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1658 Enrolled Bill (ENR)]

        H.R.1658

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
To amend the Railroad Right-of-Way Conveyance Validation Act to validate 
additional conveyances of certain lands in the State of California that 
form part of the right-of-way granted by the United States to facilitate 
    the construction of the transcontinental railway, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Right-of-Way Conveyance 
Validation Act of 2004''.

SEC. 2. VALIDATION OF ADDITIONAL RAILROAD CONVEYANCES, SAN JOAQUIN 
              COUNTY, CALIFORNIA.

    Section 4 of the Railroad Right-of-Way Conveyance Validation Act 
(Private Law 103-2; 108 Stat. 5061) is amended by adding at the end the 
following new paragraphs:
        ``(9) The conveyance entered into between the Central Pacific 
    Railway Company and the Southern Pacific Transportation Company and 
    the Bank of America, as trustee of the last will and testament of 
    Aaron Herschel, recorded September 27, 1945, in volume 942 at page 
    401 of the official records of the county of San Joaquin.
        ``(10) The conveyance entered into between the Central Pacific 
    Railway Company and the Southern Pacific Transportation Company and 
    the Tri-Valley Packing Association, recorded November 13, 1957, in 
    volume 2016 at page 149 of the official records of the county of 
    San Joaquin.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
§ 1201.92 Criteria for certifying interlocutory appeals. The judge will certify a ruling for review only if the record shows that: ( a ) The ruling involves an important question of law or policy about which there is substantial ground for difference of opinion; and
( b ) An immediate ruling will materially advance the completion of the proceeding, or the denial of an immediate ruling will cause undue harm to a party or the public.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE SIX MONTH PERIOD ENDED OCTOBER 31, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          APR-30-1999
<PERIOD-END>                               OCT-31-1998
<CASH>                                       1,597,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,488,000
<ALLOWANCES>                                    60,000
<INVENTORY>                                  1,778,000
<CURRENT-ASSETS>                             5,187,000
<PP&E>                                         410,000
<DEPRECIATION>                                  90,000
<TOTAL-ASSETS>                               5,781,000
<CURRENT-LIABILITIES>                        1,334,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       144,000
<OTHER-SE>                                   4,303,000
<TOTAL-LIABILITY-AND-EQUITY>                 5,781,000
<SALES>                                      3,081,000
<TOTAL-REVENUES>                             3,081,000
<CGS>                                        1,236,000
<TOTAL-COSTS>                                2,113,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (268,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (268,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (268,000)
<EPS-BASIC>                                     (0.05)
<EPS-DILUTED>                                   (0.05)


</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company.  The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated.  The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors.  Comments must be received not later than November 15, 2004. 

**A.  Federal Reserve Bank of Boston**                     (Richard Walker, Community Affairs Officer) 600 Atlantic Avenue, Boston, Massachusetts 02106-2204:                

*1.  George Arthur Giovanis*, Biddeford, Maine; to retain voting shares of Pepperell Bancshares Financial Group, Inc., Biddeford, Maine, and thereby indirectly retain voting shares of Pepperell Bank and Trust, Biddeford, Maine.                

**B.  Federal Reserve Bank of Kansas City**                     (Donna J. Ward, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001:                

*1. Billy Grant Taylor and Raymond Davis King, Jr.*, both of Muskogee, Oklahoma, as co-trustees of the Richard Glen Armstrong, Margaret R. Armstrong, and Glen A. Armstrong Trusts; to acquire additional voting shares of Armstrong Bancshares, Inc., Muskogee, Oklahoma, and thereby indirectly acquire additional voting shares of Armstrong Bank, Muskogee, Oklahoma.                

Board of Governors of the Federal Reserve System, October 26, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04-24297 Filed 10-29-04; 8:45 am]

BILLING CODE 6210-01-S
### **CHAPTER 39—PROMPT PAYMENT**

Sec.
3901.
Definitions and application.
3902.
Interest penalties.
3903.
Regulations.
3904.
Limitations on discount payments.
3905.
Payment provisions relating to construction contracts.
[3906.
Repealed.]
3907.
Relationship to other laws.

#### **Editorial Notes**

#### Amendments

**1998**—Pub. L. 105–362, title XIII, §1301(c)(2)(C), Nov. 10, 1998, 112 Stat. 3293, struck out item 3906 "Reports".

**1988**—Pub. L. 100–496, §9(b), Oct. 17, 1988, 102 Stat. 2463, added item 3905 and redesignated former items 3905 and 3906 as 3906 and 3907, respectively.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1548-DR] 

# AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1548-DR), dated September 15, 2004, and related determinations. 

# EFFECTIVE DATE:

October 18, 2004. 

# FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Louisiana is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of September 15, 2004: 

Ascension, Avoyelles, Bossier, Caddo, Concordia, East Baton Rouge, Grant, Lafayette, Livingston, Ouachita, Rapides, St. Helena, and St. Martin Parishes for emergency protective measures (Category B) under the Public Assistance Program. 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program—Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) 

Michael D. Brown, 

Under Secretary, Emergency Preparedness and Response, Department of Homeland Security. 

[FR Doc. 04-23909 Filed 10-25-04; 8:45 am] 

BILLING CODE 9110-10-P
# Fourth Court of Appeals

San Antonio, Texas

July 12, 2022

No. 04

- 22

- 00223

- CV

REVERSE MORTGAGE SOLUTIONS, INC.

,

Appellant

v.

ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY

, Appellees

From the 288 th Judicial District Court

, Bexar County, Texas

Trial Court No. 2020

- CI

- 10472 Honorable Antonia Arteaga , Judge Presiding



### O R D E R

The Appellant's Opposed Motion to Abate Appeal and Request to Direct Trial Court to Correct Error is hereby DENIED.

_________________________________ Liz a A. Rodriguez , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 12th day of July, 2022

.

___________________________________ M ichael A. C ruz
, Clerk of Court