alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
38829.

#### BOWEN, Trustee v. MORRISON.

Eberhardt, Judge.

On September 21, 1954, Mrs. Ann Morrison filed an action for damages in DeKalb Superior Court against James O. Bowen, as trustee for Margaret Elizabeth Bowen et al, Defendants filed their demurrer and answer on October 9, 1954, and thereafter on August 29, 1955, plaintiff filed an amendment to the petition, which was allowed by order of court subject to objection or demurrer. The case was continued from time to time, but no further written order was made or entered therein, and on February 14, 1961, defendants moved that an order of dismissal be entered by the court pursuant to the provisions of Ga. L. 1953, Nov. Sess., pp. 342, 343 *(Code*§ 3-512). The motion to dismiss was overruled and defendants excepted. *Held:*

The provisions of *Codie*§ 3-512 that any suit filed in the courts of this State in which no written order is taken for a period of five years shall automatically stand dismissed are mandatory. While it is true that this section does provide that “for the purposes of this section an order of continuance *633will be deemed an order,” such an order, to avoid' the automatic dismissal, must have been reduced to writing and entered in the record-

Decided May 8, 1961.

*Zachary & Hunter, W. E. Zachary,*for plaintiff in error.

*Sheats, Parker & Webb, Guy Parker,*contra.

*Judgment reversed.*

*Carlisle, P. J., and Nichols, J., concur.*
#### Goldsmith et al. *v.*Chipps.

[No. 19,009.

Filed January 5, 1900.]

Practice.— *Pleading.*— Defective *Demurrer.*—Abatement.— Where the facts stated in an answer in abatement were insufficient to abate the action, the action of the court in sustaining a demurrer thereto was harmless, although the demurrer was so defective in form that it could have been disregarded by the court, *pp. 28, 29.*

*Pleading.*— Demurrer *to Answer in Abatement.*— A demurrer to an answer in abatement does not search the record, and cannot be carried back and sustained to the complaint, *p. 29.*

Prom the Vanderburgh Superior Court.

*Affirmed.*

*8. B. Hornbroolc, W. M. Wheeler*and *B. Q. Loclcyear,*for appellants.

*A. L. Doss, J. T. Walker*and *J. T. Gutter,*for appellee.

.Monks, J.

Appellee recovered a judgment and decree of foreclosure in the court below.' Appellants Goldsmith and Goldsmith filed, at the proper time, an answer in abatement in two paragraphs, and appellee’s demurrer thereto was sustained as to the first paragraph, and overruled as to the second. Appellants insist that the court erred in sustaining the demurrer to the first paragraph of the answer in abatement for two reasons: “(1) The- demurrer is a joint demurrer, and challenges the answer in abatement as an entirety, and not each paragraph separately; (2) the form of the demurrer is deficient in this, — that the grounds are that the facts stated in neither of said paragraphs of said plea are sufficient to avoid plaintiff’s complaint herein filed.”

It will be observed that appellants do not claim that the facts stated in said first paragraph of answer in abatement were sufficient to abate the action, but only that the same was not, for the reason stated, challenged separately by the demurrer filed. If the facts stated in said first paragraph were insufficient to abate the action, as we think they-were, and which appellants admit by-their failure to urge the *29sufficiency thereof, the action of the court in sustaining the demurrer thereto was harmless, even if the demurrer failed to challenge separately the sufficiency of said paragraph, and was so defective in form that it could have been disregarded by the court. *Wayne Pike Co.*v. *Hammons,*129 Ind. 368, 378; *Blue*v. *Capital National Bank,*145 Ind. 518; *Board, etc.,*v. *Gruver,*115 Ind. 224, 231; *Palmer*v. *Hayes,*112 Ind. 289, 291; *Hildebrand*v. *McCrum,*101 Ind. 61, 64, 65.

A demurrer to an answer in abatement does not search the record, and can not be carried back and sustained to the complaint. *Indiana, etc., R. Co.*v. *Foster,*107 Ind. 430, 432, and cases cited; 6 Ency. Pl. & Pr. 332.

Judgment affirmed.
#### § 203.2 Purpose.

The purpose of this part is to implement the Prescription Drug Marketing Act of 1987 and the Prescription Drug Amendments of 1992, except for those sections relating to State licensing of wholesale distributors (see part 205 of this chapter), to protect the public health, and to protect the public against drug diversion by establishing procedures, requirements, and minimum standards for the distribution of prescription drugs and prescription drug samples.
Exhibit 4.33

 

 

Letter of Undertakings

 

Leo Ou Chen, Yusen Dai, Liu Hui, Chengdu Jumeiyoupin Science and Technology Co., Ltd. (“Chengdu Jumei”) and Reemake Media Co., Ltd. (“Reemake Media”) entered into an EQUITY PLEDGE AGREEMENT on April 20, 2017, pursuant to which Leo Ou Chen, Yusen Dai, Liu Hui have separately According to the agreement, Chen Ou, Dai Yusen and Liu Hui pledged all of their respective equity interests in Reemake Media to Chengdu Jumei and undertake to waive their respective right to receive any form of dividends with respect to such equity interests throughout the valid term of the Equity Pledge.

 

	
Leo Ou Chen
    	
 
    
	
 
    	
 
    
	
Signature:
    	
/s/ Leo Ou Chen
    	
 
    
	
 
    	
 
    	
 
    
	
April 20, 2017
    	
 
    
	
 
    	
 
    
	
Yusen Dai
    	
 
    
	
 
    	
 
    
	
Signature:
    	
/s/ Yusen Dai
    	
 
    
	
 
    	
 
    	
 
    
	
April 20, 2017
    	
 
    
	
 
    	
 
    
	
Hui Liu
    	
 
    
	
 
    	
 
    
	
Signature:
    	
/s/ Hui Liu
    	
 
    
	
 
    	
 
    	
 
    
	
April 20, 2017
#### GEORGE RENTZ v. J. W. HURST AND ANOTHER.1

November 9, 1923.

No. 23,496.

Because of his breach of contract, payee cannot recover on note.

The plaintiff sold the defendants a patent right for which they gave a note. It was an essential term or condition of the contract of sale that the plaintiff would work for the defendants in the manufacture of the patented article, a process which he understood and which they did not. He breached his contract, the defendants could not get the requisite skilled service, and the project failed. *Held,*that because of his breach the plaintiff cannot recover on the note.

Action in the district court for Blue Earth county to recover $3,500 on a promissory note. The case was tried before Comstock, J., who made findings and dismissed the action. From an order denying his motion for judgment notwithstanding the decision or for a new trial, plaintiff appealed.

Affirmed.

*William F. Hughes*and *J. A.*Balter, for appellant.

*Joseph J. Moriarity*and *Albert Schaller,*for respondents.

1

 Reported in 195 N. W. 771.

Dibell, J.

Action to recover $3,500 on a promissory note. There were findings for the defendants. The plaintiff appeals from the order denying his motion for a new trial.

The note was given by the defendants to the plaintiff upon the purchase of a patent right oh a fountain pen. The defendants knew *82nothing about the process of manufacture. The plaintiff agreed, as a part of the contract of sale, that he would, upon notice, work for the defendants at a stated salary in the manufacture of the pens. They called for his services. He refused to work as he had agreed. Without him the defendants could do nothing, and the patent right was of no use to them. They equipped a small factory, and made an effort to manufacture. They could not get the requisite skilled service. Their efforts came to nothing, and they were financial losers.

Under the facts stated the determination of the legal rights of the parties is not difficult. The agreement of the plaintiff to work for the defendants and manufacture the pens, a business which he understood and which they did not, was an essential term or condition of the contract. It was understood to be so. He breached it, and the failure of the undertaking came as the natural result. The defendants, the plaintiff having breached an essential element of the contract, cannot be required to perform by paying the $8,500. The plaintiff cannot recover.

The defendants received a bill of sale of the patent. It has not been transferred at the patent office. The defendants make no claim to it. The plaintiff is at liberty to have it. If a reassignment is desired the court can require it.

We do not consider other defenses urged by the defendants. The errors assigned in the rulings on testimony do not affect the defense upon which the affirmance is placed.

Order affirmed.
Exhibit 31.2 CERTIFICATION

I, Kelly Tucek, Assistant Vice President, certify that:

- I have reviewed this report on Form 10-Q of Inland Monthly Income Fund, L.P.;  
- Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  
- Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.  
- The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15 (e) and 15d-15(e) for the registrant and we have:

> - designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
- evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
- disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting.

- The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):

> - all significant deficiencies and material weaknesses in the design or operation of internal control adversely affect the registrant's ability to record, process, summarize and report financial information; and
- any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

By: Inland Real Estate Investment Corporation      General Partner
/S/ Kelly Tucek_______________________

Name: Kelly TucekTitle: Assistant Vice President of the General Partner and         principal financial officer of Inland Monthly Income Fund, L.P.

Date: November 12, 2003
###### Editorial Note on Part 201

#### Editorial Note:

Nomenclature changes to part 201 appear at 69 FR 13717, Mar. 24, 2004.

#### § 201.301 Notice to manufacturers, packers, and distributors of estrogenic hormone preparations.

Some drug preparations fabricated wholly or in part from estradiol and labeled as to potency in terms of international units or in terms of international units of estrone activity have been marketed. The international unit of the estrus-producing hormone was established by the International Conference on the Standardization of Sex Hormones at London, England, on August 1, 1932. This unit was defined as “the specific estrus-producing activity contained in 0.1 gamma ( = 0.0001 mg.) of the standard” hydroxyketonic hormone found in urine (estrone). The International Conference declared that it did not recommend the determination of the activity of nonhydroxyketonic forms of estrogenic hormones in units of estrone because of the varying ratios between the activity of such nonhydroxyketonic estrogenic hormones and estrone, when measured by different methods on test animals. There is no international unit for measuring the activity of estradiol and no accepted relationship between its activity and that of estrone, either in test animals or in humans. The declaration of potency of estradiol in terms of international units or in terms of international units of estrone activity is therefore considered misleading, within the meaning of 21 U.S.C. 352(a). The declaration of the estradiol content of an estrogenic hormone preparation in terms of weight is considered appropriate.
<TABLE> <S> <C>


<ARTICLE>                     5

       
<S>                      <C>
<PERIOD-TYPE>            12-MOS
<FISCAL-YEAR-END>                 DEC-31-1996
<PERIOD-START>                    JAN-01-1996
<PERIOD-END>                      DEC-31-1996
<CASH>                            587
<SECURITIES>                      0
<RECEIVABLES>                     7,279
<ALLOWANCES>                      1,569
<INVENTORY>                       2,472
<CURRENT-ASSETS>                  10,914
<PP&E>                            9,507
<DEPRECIATION>                    (2,869)
<TOTAL-ASSETS>                    17,742
<CURRENT-LIABILITIES>             11,306
<BONDS>                           374
<COMMON>                          72
<PREFERRED-MANDATORY>             0
<PREFERRED>                       0
<OTHER-SE>                        36,226
<TOTAL-LIABILITY-AND-EQUITY>      17,742
<SALES>                           23,202
<TOTAL-REVENUES>                  23,202
<CGS>                             36,364
<TOTAL-COSTS>                     24,213
<OTHER-EXPENSES>                  (946)
<LOSS-PROVISION>                  0
<INTEREST-EXPENSE>                1,121
<INCOME-PRETAX>                   (37,550)
<INCOME-TAX>                      (1,125)
<INCOME-CONTINUING>               (37,550)
<DISCONTINUED>                    0
<EXTRAORDINARY>                   0
<CHANGES>                         0
<NET-INCOME>                      (36,425)
<EPS-PRIMARY>                     (5.16)
<EPS-DILUTED>                     (5.16)
        



</TABLE>
§ 21.33 Medical records. ( a ) In general, an individual is entitled to have access to any medical records about himself in Privacy Act Record Systems maintained by the Food and Drug Administration.
( b ) The Food and Drug Administration may apply the following special procedures in disclosing medical records to an individual: ( 1 ) The agency may review the records to determine whether disclosure of the record to the individual who is the subject of the records might have an adverse effect on him. If it is determined that disclosure is not likely to have an adverse effect on the individual, the record shall be disclosed to him. If it is determined that disclosure is very likely to have an adverse effect on the individual, he may be requested to designate, in writing, a representative to whom the record shall be disclosed. Such representative may be a physician, other health professional, or other responsible person who would be willing to review the record and discuss it with the individual.
( 2 ) The availability of the record may be subject to any procedures for disclosure to an individual of medical records about himself under part 20 of this chapter, in addition to or in lieu of the procedures in paragraph (b)(1), that are not inconsistent with § 21.41(f).
<PAGE>

                                 EXHIBIT 10.12


                             Employment Agreement
                                    Between
                        The Southern Banc Company, Inc.
                           And James B. Little, Jr.

                                2001 Amendment
                                --------------

     WHEREAS, The Southern Banc Company, Inc. (the "Company") has entered into
an Employment Agreement (the "Agreement") and a Supplemental Executive
Retirement Agreement (the "SERA") with James B. Little, Jr. (the "Employee");
and

     WHEREAS, the Board of Directors of the Company (the "Board") and the
Employee have determined that it is appropriate to amend the Agreement (i) to
redefine the Employee's position with the Company, (ii) and to provide for a
lump sum payment in satisfaction of the benefits to which the Employee is
entitled under his SERA.

     NOW, THEREFORE, the Agreement shall be amended as follows, effective
immediately.

     3.   The first sentence in Section 1 shall be amended by replacing
          "Investment Officer" with "Vice President."

     4.   The second sentence of Section 1 shall be amended by adding the
          following at the end thereof:

                         provided that the Employee shall not be required to
               perform services for the Bank and its holding company in excess
               of 30 hours per week.

     5.   Nothing contained herein shall be held to alter, vary or otherwise
          affect any of the terms, provisions or conditions of the Agreement
          other than as stated above.

     WHEREFORE, on this 19/th/ day of April, 2001, the undersigned hereby
approve this 2001 Amendment of the Agreement.

                                            THE SOUTHERN BANC COMPANY, INC.

                                            BY______________________________
                                              Its President

                                              ______________________________
                                                        James B. Little, Jr.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


<PAGE>

                                                                      EXHIBIT 27

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the M&F
Worldwide Corp. Consolidated Balance Sheet and Statement of Income and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>        0000945235
<NAME>       M&F Worldwide Corporation
<MULTIPLIER> 1,000,000
<CURRENCY>   USD

<S>                            <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               DEC-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                               3
<SECURITIES>                                         0
<RECEIVABLES>                                       10
<ALLOWANCES>                                         0
<INVENTORY>                                         49
<CURRENT-ASSETS>                                    63
<PP&E>                                              32
<DEPRECIATION>                                    (10)
<TOTAL-ASSETS>                                     299
<CURRENT-LIABILITIES>                               19
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                         246
<TOTAL-LIABILITY-AND-EQUITY>                       299
<SALES>                                             92
<TOTAL-REVENUES>                                    92
<CGS>                                               48
<TOTAL-COSTS>                                       48
<OTHER-EXPENSES>                                     9
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   3
<INCOME-PRETAX>                                     32
<INCOME-TAX>                                        13
<INCOME-CONTINUING>                                 19
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        19
<EPS-BASIC>                                     0.96
<EPS-DILUTED>                                     0.96




</TABLE>
```

[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Notices]
[Page 15327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05959]

[[Page 15327]]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Proposed Subsequent Arrangement

AGENCY: Office of Nonproliferation and International Security, 
Department of Energy.

ACTION: Proposed subsequent arrangement.

-----------------------------------------------------------------------

SUMMARY: This notice is being issued under the authority of section 
131a. of the Atomic Energy Act of 1954, as amended. The Department is 
providing notice of a proposed subsequent arrangement under the 
Agreement for Cooperation Concerning Civil Uses of Nuclear Energy 
Between the Government of the United States of America and the 
Government of Canada and the Agreement for Cooperation Between the 
United States of America and the Government of the Republic of Korea 
Concerning Civil Uses of Atomic Energy.

DATES: This subsequent arrangement will take effect no sooner than 
April 3, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Katie Strangis, Office of 
Nonproliferation and International Security, National Nuclear Security 
Administration, Department of Energy. Telephone: 202-586-8623 or email: 
Katie.Strangis@nnsa.doe.gov.

SUPPLEMENTARY INFORMATION: This subsequent arrangement concerns the 
retransfer of 45,445 kg of U.S.-origin natural uranium dioxide (88.00% 
U), 40,000 kg of which is uranium, from Cameco Corporation (Cameco) in 
Port Hope, Ontario, Canada, to Korea Nuclear Fuel (KNF) in Taejon, 
South Korea. The material, which is currently located at Cameco, will 
be transferred to KNF to be fabricated into fuel pellets at their 
facility The material was originally obtained by Cameco from Power 
Resources Inc., Cameco Resources-Crowe Butte Operation, and White Mesa 
Mill pursuant to export license XSOU8798.
    In accordance with section 131a. of the Atomic Energy Act of 1954, 
as amended, it has been determined that this subsequent arrangement 
concerning the retransfer of nuclear material of United States origin 
will not be inimical to the common defense and security of the United 
States of America.

    Dated: February 21, 2014.

    For the Department of Energy.
Anne M. Harrington,
Deputy Administrator, Defense Nuclear Nonproliferation.
[FR Doc. 2014-05959 Filed 3-18-14; 8:45 am]
BILLING CODE 6450-01-P
```
###### Editorial Note on Part 312

#### Editorial Note:

Nomenclature changes to part 312 appear at 69 FR 13717, Mar. 24, 2004.

#### § 312.59 Disposition of unused supply of investigational drug.

The sponsor shall assure the return of all unused supplies of the investigational drug from each individual investigator whose participation in the investigation is discontinued or terminated. The sponsor may authorize alternative disposition of unused supplies of the investigational drug provided this alternative disposition does not expose humans to risks from the drug. The sponsor shall maintain written records of any disposition of the drug in accordance with § 312.57.

[52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002]