alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Flurry *v.*Thomas.

Opinion delivered December 8, 1919.

Partition — allotment—exceptions.—The fact that two sets of commissioners in a partition suit made practically the same allotments did not justify the chancellor in refusing to hear appellants’ exceptions thereto, and to determine whether the allotment constituted a fair and just division of the lands according to value and quality.

Appeal from Logan Chancery Court, Northern District; *J. V. Bourlcmd,*Chancellor;

reversed.

*John M. Parker,*for appellant.

The partition was not fair and equitable. The report was not sworn to and the allotment to appellant was inferior in value and quantity and it was error to refuse to hear testimony as to the quality and value of the land and the fairness and equality of the allotment. Authorities axe not necessary to be cited.

McCulloch, C. J.

Appellants and appellees are owners as tenants in common of forty acres of land in Logan County, and this action was instituted for the purpose of having a partition of said lands. The chancery court rendered a decree for partition, there being no controversy as to the several interests of the respective parties, and appointed commissioners, who made a report allotting 13 1/3 acres on the north side of the forty-acre tract to appellants, on condition that appellants pay to appellees the sum of $200 for the purpose of equalizing the valuation of the several tracts allotted. Exceptions to the report were filed by appellants, which the court sustained, and the court appointed new commissioners, who made a report at the next term of court awarding to appellants 10 acres on the north side of said traet. Appellants filed exceptions to the last report and also filed in support of the exceptions the affidavits of numerous parties who resided in the neighborhood and were familiar with the condition and value of the lands. The testimony set forth in the affidavits tended to show that *114the ten-acre tract allotted to appellants, was, to a very-considerable extent, inferior in quantity and value to the other portions of the land, and that the allotment to appellants was not fair and equal, either in value or quantity.

The court refused to hear testimony on the question of quality and value of the several tracts allotted to the parties on the ground stated in the decree that the last allotment made by the commissioner's was practically the same as that made by the first commissioners. The court overruled appellants’ exceptions and confirmed the report, from which appellants have prosecuted an appeal.

The chancery court erred in refusing to hear testimoney as to the quality and value of the land. The last allotment made by the commissioners was not practically the same as that made in the former report, but, even if that had been true, it does not preclude the court from determining whether or not the allotment constituted a fair and just division of the lands according to value and quality.

The decree is, therefore, reversed and the cause remanded with directions to the chancery court to hear testimony on the subject Of the fairness and equality of the allotments made by the commissioners.
Exhibit 99.1

 

**ANNUAL SERVICER’S CERTIFICATE**

 

**TARGET NATIONAL BANK**

 

**TARGET CREDIT CARD MASTER TRUST**

 

The undersigned, a dulyauthorized representative of Target National Bank, as Servicer,pursuant to the Amended and Restated Poolingand Servicing Agreement dated as of April 28, 2000, as supplemented by the Series 2002-1Supplement, dated as of July 2, 2002 and the Series 2005-1 Supplement, dated as of November 9, 2005 (asamended and supplemented from time to time, the “Agreement”), among Target Receivables Corporation, as Transferor,Target National Bank, as Servicer,and Wells Fargo Bank, National Association, as Trustee, does hereby certifythat:

 

1.             Target National Bank is, as of the date hereof, theServicer under the Agreement. Capitalized terms used in this Certificate havetheir respective meanings as set forth in the Agreement.

 

2.             The undersigned is a Servicing Officer who is dulyauthorized pursuant to the Agreement to execute and deliver this certificate tothe Trustee.

 

3.             A review of the activities of the Servicer during thefiscal year ended December 30, 2006, and of its performance under the Agreementwas conducted under my supervision.

 

4.             Based on such review, the Servicer has, to the best ofmy knowledge, performed in all material respects its obligations under theAgreement throughout such year and no default in the performance of suchobligations has occurred or is continuing except as set forth in paragraph 5below.

 

5.             The following is a description of each default in theperformance of the Servicer’s obligations under the provisions of the Agreementknown to me to have been made by the Servicer during the fiscal year endedDecember 30, 2006 which sets forth in detail (i) the nature of each default, (ii)the action taken by the Servicer, if any, to remedy each such default and (iii)the current status of each such default: None.

 

 

INWITNESS WHEREOF, the undersigned has duly executed this Certificate as of the 21stday of March, 2007.

 
| ** ** | ** ** | **TARGET  NATIONAL BANK,**           |
|------------|------------|--------------------------------------|
| ** ** | ** ** | **as  Servicer,**                    |
|       |       |                                 |
|       |       |                                 |
| ** ** | **By:**    | /s/ Angela G. Jenks                  |   |
|       |       | Name:  Angela G. Jenks               |
|       |       | Title:  Vice President & Cashier |
<PAGE>   1
                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the use in this Registration Statement on Form S-1/A of
our reports dated May 19, 1999, except for the last paragraph of Note 8 which
is as of June 22, 1999 and the first paragraph of Note 12 which is as of August
27, 1999, relating to the financial statements and financial statement schedule
of Vixel Corporation which appear in such Registration Statement. We also
consent to the reference to us under the heading "Experts" and "Selected
Financial Data" in such Prospectus.


PricewaterhouseCoopers LLP
Seattle, Washington
August 27, 1999
Exhibit



Exhibit 10.2.1.1











AMENDMENT 
TO THE CONSOLIDATED EDISON 
COMPANY OF NEW YORK, INC. 
SUPPLEMENTAL RETIREMENT INCOME PLAN


As Amended and Restated Effective January 1, 2009












































    










Exhibit 10.2.1.1





Pursuant to resolutions adopted by the Board of Directors of Consolidated Edison Company of New York, Inc. (“CECONY”), the Board of Directors of Consolidated Edison, Inc. (“CEI”), the Board of Directors of Orange and Rockland Utilities, Inc. and the Board of Directors of CET, at a meeting duly held on November 17, 2016, the undersigned hereby approves the following amendments to the Consolidated Edison Company of New York, Inc. Supplemental Retirement Income Plan, (the “Plan”) effective January 1, 2017.


		
	1.
	Section 2.04(c)(i) is amended by adding the following sentence to the end thereof:




“Notwithstanding any provision in this Plan to the contrary, effective June 1, 2017, such Traditional Formula Participant shall be permitted to modify the payment form of his or her Benefit to elect (A) a Cash Out, or (B) or an actuarially equivalent annuity option offered under the Plan; provided that such election is in accordance with the terms of the Plan and such procedures established by the Plan Administrator, and is in compliance with all applicable laws, including Section 409A.”  


		
	2.
	Section 2.04(c)(ii) is amended by adding the following sentence to the end thereof:




“Notwithstanding any provision in this Plan to the contrary, effective June 1, 2017, such Traditional Formula Participant shall be permitted to modify the payment form of his or her Benefit to elect (A) a Cash Out, or (B) an actuarially equivalent annuity option offered under the Plan; provided that such election is in accordance with the terms of the Plan and such procedures established by the Plan Administrator, and is in compliance with all applicable laws, including Section 409A.”  




Except as hereby amended, all of the terms and conditions set forth in the Plan shall remain in full force and effect.  


IN WITNESS WHEREOF, the undersigned has executed this instrument this 2nd day of May, 2017. 


 
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.




/s/ Susan Carson
Director of Compensation
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 Harrodsburg  First  Financial  Bancorp,
Inc.  (the  "Company")  on Form 10-KSB for the year ended  September 30, 2002 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  we, Arthur L. Freeman,  President and Chief Executive  Officer,  and
Jack D. Hood,  Treasurer,  certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) 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.



/s/Arthur L. Freeman                    /s/Jack D. Hood
-------------------------------------   ----------------------------------------
Arthur L. Freeman                       Jack D. Hood
President and Chief Executive Officer   Treasurer
                                        (Chief Financial and Accounting Officer)




December 23, 2002
Editorial Note on Part 570
Editorial Note: Nomenclature changes to part appear at 88 FR 45066, July 14, 2023.

§ 570.15 Adoption of regulation on initiative of Commissioner. ( a ) The Commissioner upon his own initiative may propose the issuance of a regulation prescribing, with respect to any particular use of a food additive, the conditions under which such additive may be safely used. Notice of such proposal shall be published in the Federal Register and shall state the reasons for the proposal.
( b ) Action upon a proposal made by the Commissioner shall proceed as provided in part 10 of this chapter.
[41 FR 38644, Sept. 10, 1976, as amended at 42 FR 4717, Jan. 25, 1977; 42 FR 15675, Mar. 22, 1977]
DISMISS; and Opinion Filed March 25 , 2019

.

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 19

- 00071

- CV

KERRVILLE FITNESS PR OPERTY, LLC, J. HOUS ER CONSTRUCTION, INC

. AND

JOSH HOUSER D/B/A HO USER CONSTRUCTION , Appellants V. PE SERVICES, LLC, LA NDRY ARCHITECTS, AND FABRISTRUCTURE, INC

. , Appellees
On Appeal from the 134th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC

- 14

- 05761



### MEMORANDUM OPINION Bef ore Justices Whitehill, Molberg, and Reichek Opinion by Justice Molberg This appeal is duplicative of appellate cause number 05

- 17

- 01317

- CV, which is being

dismissed for want of jurisdiction by opinion of this same date . Accordingly, we dismiss this

appea l and the pending motion to consolidate. See T EX

. R. A PP

. P. 42.3(a).

190071F.P05 /Ken Molberg/ KEN MOLBERG JUSTICE– 2

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

KERRVILLE FITNESS PROPERTY, LLC, J. HOUSER CONSTRUCTION, INC. AND JOSH HOUSER D/B/A HOUSER CONSTRUCTION, Appellants

No. 05

- 19

- 00071

- CV V.

PE SERVICES, LLC, LANDRY ARCHITECTS, AND FABRISTRUCTURE, INC., Appellees On Appeal from the 134th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC

- 14

- 05761. Opinion delivered by Justice Molberg, Justices Whitehill and Reichek participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees PE Services, LLC, Landry Architects, and Fabris tructure, Inc. recover their costs, if any, of this appeal from appellants Kerrville Fitness Property, LLC, J. Houser Construction, Inc. and Josh Houser d/b/a Houser Construction.

Judgment entered this 25th day of March 2019.
<PAGE>   1
                                                                      EXHIBIT 23

                       CONSENT OF INDEPENDENT ACCOUNTANTS

        We consent to the incorporation by reference in the registration
statements of Align-Rite International, Inc. on Form S-8's (File Nos. 33-00232,
33-96400 and 33-96402) of our report dated May 29, 1997, on our audits of the
consolidated financial statements and financial statement schedule of
Align-Rite International, Inc. as of March 31, 1997 and 1996, and for each of
the three years in the period ended March 31, 1997, which report is included in
this Annual Report on Form 10-K.

                                        COOPERS & LYBRAND L.L.P.

Los Angeles, California
June 29, 1997
§ 582.5580 D-Pantothenyl alcohol. ( a ) *Product.* D-Pantothenyl alcohol.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
§ 601.33 Indications. ( a ) For diagnostic radiopharmaceuticals, the categories of proposed indications for use include, but are not limited to, the following: ( 1 ) Structure delineation;
( 2 ) Functional, physiological, or biochemical assessment;
( 3 ) Disease or pathology detection or assessment; and
( 4 ) Diagnostic or therapeutic patient management.
( b ) Where a diagnostic radiopharmaceutical is not intended to provide disease-specific information, the proposed indications for use may refer to a biochemical, physiological, anatomical, or pathological process or to more than one disease or condition.
Exhibit 99.1



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 Avery Communications,
Inc. (the Company) on Form 10-K for the year ended December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Patrick J. Haynes, III, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



(1) The Report fully complies with the requirements of Section 13(a) or 15(d) 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.



|                                                             
|-------------------------------------------------------------
|/s/ Patrick J. Haynes, III                                   
|Patrick J. Haynes, III Chief Executive Officer April 18, 2003
§ 582.1195 Calcium citrate. ( a ) *Product.* Calcium citrate.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
§ 582.5145 Arginine. ( a ) *Product.* Arginine (L- and DL-forms).
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
Exhibit 10.1
 CONFIDENTIAL TREATMENT REQUESTED BY EXIDE TECHNOLOGIES 
CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND
HAVE BEEN SEPARATELY FILED WITH THE COMMISSION
 13000 Deerfield Parkway, Bldg. 200
Alpharetta, GA 30004
678-556-9000 tel  www.exide.com
    $950,000 $760,000 $1,900,000




---



##### 



CONFIDENTIAL TREATMENT REQUESTED BY EXIDE TECHNOLOGIES 
CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND
HAVE BEEN SEPARATELY FILED WITH THE COMMISSION
    Indicator
    
    Threshold Goal
    
    Target Goal
    
    Maximum GoalAdjusted EBITDA
    
    ***
    
    ***
    
    ***
       /s/ George S. Jones, Jr.
 
 ***
    
    CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION ***




---



##### 



CONFIDENTIAL TREATMENT REQUESTED BY EXIDE TECHNOLOGIES 
CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND
HAVE BEEN SEPARATELY FILED WITH THE COMMISSION
 
 /s/ Gordon A. Ulsh
#### Keney Supermarket *v.*City of Hartford

*Joseph P. Cooney*and *David T. Ryan,*in support of the petition for expeditious appeal.

Submitted October 22

decided October 28, 1969

The purported appeal hy the defendant from the interlocutory order of the Superior Court in Hartford County is denied.
# C_2015414EN.01003001.xml

| 14.12.2015 | EN | Official Journal of the European Union | C 414/30 |
| --- | --- | --- | --- |

14.12.2015

EN

Official Journal of the European Union

C 414/30

---

Judgment of the General Court of 22 October 2015 — Volkswagen v OHIM (CHOICE)

(Case T-431/14) (1)

1

((Community trade mark - Application for Community word mark CHOICE - Mark consisting of an advertising slogan - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 414/39)

Language of the case: German

Parties

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: U. Sander, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Fischer, acting as Agent)

Defendant:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 April 2014 (Case R 2019/2013-1), concerning an application for registration of the word sign CHOICE as a Community trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Volkswagen AG to pay the costs. |
| --- | --- |

2.

Orders Volkswagen AG to pay the costs.

---

(1)  OJ C 282, 25.8.2014.

1

---
#### § 610.48 [Reserved]
# C_2014388EN.01002801.xml

| 3.11.2014 | EN | Official Journal of the European Union | C 388/28 |
| --- | --- | --- | --- |

3.11.2014

EN

Official Journal of the European Union

C 388/28

---

Action brought on 17 June 2014 — ZZ v Parliament

(Case F-54/14)

2014/C 388/33

Language of the case: French

Parties

Parties

Applicant: ZZ (represented by: A. Bernard, lawyer)

Applicant:

Defendant: European Parliament

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the decision not to appoint the applicant to the post of legal advisor to the European Parliament.

Form of order sought

Form of order sought

The applicant claims that the Tribunal should:

| — | annul the decision to appoint another person as legal advisor; |
| --- | --- |

—

annul the decision to appoint another person as legal advisor;

| — | fix, as appropriate, on equitable principles, an amount of damages to compensate the applicant for the various breaches of administrative duty noted; |
| --- | --- |

—

fix, as appropriate, on equitable principles, an amount of damages to compensate the applicant for the various breaches of administrative duty noted;

| — | order the European Parliament to pay the costs. |
| --- | --- |

—

order the European Parliament to pay the costs.

---
# Fourth Court of Appeals **San Antonio, Texas**

September 29, 2021

No. 04

- 21

- 00391

- CR

IN RE Trermaurya POWELL
, Relator

Original Proceeding 1

ORDER

On September 16, 2021, Relator filed an “Application for Leave to File Petition for Writ of Mandamus” and a petition for writ of mandamus. Having considered the petition, this court concludes Relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED.

Further, b ecause the appellate rules do not requi re a n application for leave to file a petition for writ of mandamus, Relator’s application is DENIED AS MOOT

.

It is so ORDERED on September 29, 2021

.

_____________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of September, 2021

.

_____________________________ Michael A. Cruz

, Clerk of Court

1 This proceeding arises out of Cause No. 2019

- CR

- 2393 , styled State of Texas v. Tremaurya Powell , pending in the 227th Judicial District Court

, Bexar County, Texas, the Hon orable Kevin M. O ’ Connell presiding.
Editorial Note on Part 184
Editorial Note: Nomenclature changes to part 184 appear at 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 69 FR 13717, Mar. 24, 2004; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; and 81 FR 49897, July 29, 2016.

§ 184.1308 Ferrous gluconate. ( a ) Ferrous gluconate (iron (II) gluconate dihydrate, C12H22FeO14·2H2O, CAS Reg. No. 6047-12-7) is a fine yellowish-gray or pale greenish-yellow powder or granules. It is prepared by reacting hot solutions of barium or calcium gluconate with ferrous sulfate or by heating freshly prepared ferrous carbonate with gluconic acid in aqueous solution.
( b ) The ingredient meets the specifications of the Food Chemicals Codex, 3d Ed. (1981), pp. 122-123, which is incorporated by reference. Copies are available from the National Academy Press, 2101 Constitution Avenue NW., Washington, DC 20418, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
( c ) In accordance with § 184.1(b)(1), the ingredient is used in food as a nutrient supplement as defined in § 170.3(o)(20) of this chapter, with no limitation other than current good manufacturing practice. The ingredient may also be used in infant formula in accordance with section 412(g) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 350a(g)) or with regulations promulgated under section 412(a)(2) of the act (21 U.S.C. 350a(a)(2)).
( d ) Prior sanctions for this ingredient different from the uses established in this section do not exist or have been waived.
[53 FR 16866, May 12, 1988; 53 FR 20939, June 7, 1988]