alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
39548.

#### MOORE v. CROOKE.

Russell, Judge.

1. An attorney representing a married woman in a divorce action in which alimony is sought is, in the absence of an express contract, entitled to be compensated by her for his total services or any balance due thereon on a quantum meruit basis. *Fleming v. Phinizy,*35 Ga. App. 792 (134 SE 814).

2. Where, however, it appears on the trial of an action brought by the attorney against his former client to recover a balance due on the reasonable value of his total services in the ■ case that after the services were rendered the defendant inquired of the plaintiff whether she owed him anything more, *375and the plaintiff replied that she did not as he had been paid in full, such admission against interest, if the jury believed it had in fact been made, is sufficient to support a verdict for the defendant as against the contention made by the motion for a new trial that the verdict was without evidence to support it. Cf. *Amos v. Flournoy,*80 Ga. 771 (6 SE 696); *Duke v. Ayers,*163 Ga. 444 (136 SE 410).

Decided June 26, 1962

Rehearing denied July 19, 1962.

*W. P. Tapy, Clark Ray,*for plaintiff in error.

*Fine & Rolader, D. W. Rolader,*contra.

3. The fact that on the original trial of the divorce action the plaintiff in that action, defendant here, was not granted the real estate which she sought as a part of her alimony is not material. It appears that the attorney for the wife filed a motion for new trial, which was granted, and thereafter effectuated a settlement of the alimony features of the case in which his client was in fact given the real estate in question, but it also appears from her testimony that after all these things had transpired she again asked the attorney whether she owed him an additional fee, and he again stated that she did not. There is sufficient evidence to support the jury verdict.

The trial court did not err in overruling the motion for a new trial.

*Judgment affirmed.*

*Carlisle, P. J., and Eberhardt, J., concur.*
H. Con. Res. 92 Agreed to August 4, 1995

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

Concurrent Resolution

Resolved by the House of Representatives (the Senate concurring), That when the House adjourns on the legislative day of

Friday, August 4, 1995, pursuant to a motion made by the Majority

Leader, or his designee, it stand adjourned until noon on Wednesday, September 6, 1995, or until noon on the second day after

Members are notified to reassemble pursuant to section 2 of this

resolution, whichever occurs first; and that when the Senate

recesses or adjourns on any day beginning on Saturday, August

5, 1995, through Saturday, August 19, 1995, pursuant to a motion

made by the Majority Leader, or his designee, in accordance with

this resolution, it stand recessed or adjourned until noon on Tuesday, September 5, 1995, or until such time on that day as may

be specified by the Majority Leader or his designee in the motion

to recess or adjourn, or until noon on the second day after Members

are notified to reassemble pursuant to section 2 of this concurrent

resolution, whichever occurs first.

SEC. 2. The Speaker of the House and the Majority Leader

of the Senate, acting jointly after consultation with the Minority

Leader of the House and the Minority Leader of the Senate, shall

notify the Members of the House and Senate, respectively, to
H. Con. Res. 92—2

reassemble whenever, in their opinion, the public interest shall

warrant it.

Attest:

Clerk of the House of Representatives.

Attest:

Secretary of the Senate.
WWW.EXFILE.COM -- 14982 -- MATRITECH, INC. -- EXHIBIT 4.2 TO FORM 8-K


    


    EXHIBIT
      4.2

    


    CONSENT
      TO AMENDMENT

    OF
      THE
      PURCHASE AGREEMENT FOR THE PURCHASE OF SERIES B 

    15%
      SECURED CONVERTIBLE PROMISSORY NOTES DATED JANUARY 22, 2007

    


    


    Matritech,
      Inc. hereby consents to amend the Securities Purchase Agreement, dated as of
      January 22, 2007, by and among the Borrower and the purchasers party thereto
      (the “Series
      B Purchase Agreement”)
      as
      follows: 

    


    1.    To
      delete
      the last sentence of Section 4(g) of the Series B Purchase Agreement in its
      entirety and substitute in place thereof the following:

    


    “In
      addition, the Company shall, at a special or annual meeting of stockholders,
      to
      be held no later than June 11, 2007, offer proposals (the “Stockholder
      Proposals”)
      for
      stockholder approval (as required by the applicable rules and regulations of
      AMEX) with respect to the transactions contemplated by the Transaction
      Documents, including proposals approving (i) the issuance of shares upon
      conversion of the Series B Notes, as payment of interest on the Series B Notes,
      or upon the amortization of the Series B Notes, at a price below $0.63 (the
      “Conversion
      Floor Price”);
      (ii)
      the issuance of shares upon exercise of the Series B Warrants pursuant to the
      full ratchet antidilution provisions in the Series B Warrants at a price below
      $0.63 (the “Warrant
      Floor Price”);
      and
      (iii) if the Company determines it is necessary in order to be able to satisfy
      its obligations relative to the issuance of Conversion Shares and Warrant Shares
      under the Series B Notes and Series B Warrants, an amendment to the Company’s
      Certificate of Incorporation to increase the number of authorized shares of
      Common Stock, with the recommendation of the Company’s Board of Directors that
      such proposals be approved, and the Company shall use its best efforts to
      solicit proxies from its stockholders in connection therewith in favor of such
      proposals and all management-appointed proxyholders shall vote their proxies
      in
      favor of such proposals.”

    


    IN
      WITNESS WHEREOF, said Matritech, Inc. has caused this Consent to be signed
      by
      Stephen D. Chubb, its Chief Executive Officer, this 28th day of February,
      2007.

     

    
 

    
      	 	Matritech, Inc.
              


              


               

              By: 
                /s/
                Stephen D. Chubb

              
                

              

              Name:
                Stephen D. Chubb

              Title:
                Chief Executive Officer
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the corporate  general  partner of CNL Income Fund VIII, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  June 30,  2004 (the  "Report").  The
undersigned hereby certifies 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 Partnership.

Date:  August 9, 2004                /s/ Robert A. Bourne
                                    --------------------------------------------
                                     Name:  Robert A. Bourne
                                     Title: President and Treasurer

                                    A signed original of this written  statement
                                    required by Section 906 has been provided to
                                    CNL  Income  Fund  VIII,  Ltd.  and  will be
                                    retained by CNL Income Fund VIII,  Ltd.  and
                                    furnished  to the  Securities  and  Exchange
                                    Commission or its staff upon request.
Exhibit 10.34


Summary of Board of
Director Compensation Effective January 1, 2007


Annual
retainer of $50,000 or $100,000 for the Chairman of the Board;


Meeting fees of
$2,000/meeting;


Meeting fees of
$1,500/committee meeting or $3,000/committee meeting for Committee Chairmen;


Award of 5,000 shares of
restricted Class A common stock upon initial election to the Board of
Directors;


After initial election,
annual formula-based award of 1,500 shares of restricted stock and an
additional discretionary, non-formula based award of 2,000 shares (6,000 shares
for the Chairman of the Board) of restricted stock to be awarded the first
trading day of January each year;


Reimbursement for travel
and lodging expenses incurred in attending meetings;


Eligibility to participate
in the Company’s group health insurance plan, a portion of the premiums for
which are paid by the Company; and


Ability to convert annual
cash compensation into restricted stock under the Company’s 1998 Non-Employee
Director Stock Award Plan, as amended and restated.  The number of shares of restricted stock
granted is determined based on the closing market price of the Company’s Class
A common stock as of the grant date.
#### § 1.857-4 Tax imposed by reason of the failure to meet certain source-of-income requirements.

Section 857(b)(5) imposes a tax on a real estate investment trust that is considered, by reason of section 856(c)(7), as meeting the source-of-income requirements of paragraph (2) or (3) of section 856(c) (or both such paragraphs). The amount of the tax is determined in the manner prescribed in section 857(b)(5).

(Sec. 856(d)(4) (90 Stat. 1750; 26 U.S.C. 856(d)(4)); sec. 856(e)(5) (88 Stat. 2113; 26 U.S.C. 856(e)(5)); sec. 856(f)(2) (90 Stat. 1751; 26 U.S.C. (856(f)(2)); sec. 856(g)(2) (90 Stat. 1753; 26 U.S.C. 856(g)(2)); sec. 858(a) (74 Stat. 1008; 26 U.S.C. 858(a)); sec. 859(c) (90 Stat. 1743; 26 U.S.C. 859(c)); sec. 859(e) (90 Stat. 1744; 26 U.S.C. 859(e)); sec. 6001 (68A Stat. 731; 26 U.S.C. 6001); sec. 6011 (68A Stat. 732; 26 U.S.C. 6011); sec. 6071 (68A Stat. 749, 26 U.S.C. 6071); sec. 6091 (68A Stat. 752; 26 U.S.C. 6091); sec. 7805 (68A Stat. 917; 26 U.S.C. 7805), Internal Revenue Code of 1954))

[T.D. 7767, 46 FR 11278, Feb. 2, 1981]
## Compare 2002 - 2008 using FMCP -RVP 9.0 only 1/22/2008
VOC
2002 2008 g/mi g/mi 60.7 1,278,000 1.863 1.676 

### 0.187238986 59.6 758,000 1.868 1.681 

### 0.187 141746 48.7 473,000 1.938 1.744 

### 0.194 91762 44.1 586,000 1.994 1.796 

### 0.198 116028 39.5 180,000 2.056 1.854 

### 0.202 36360 20.0 75,000 2.619 2.375 

### 0.244 18300 0 47.3 5,629,000 1.969 1.773 

### 0.1961103284 43.9 2,755,000 2.012 1.813 

### 0.199548245 29.6 6,163,000 2.257 2.038 

### 0.2191349697 27.3 3,239,000 2.319 2.096 

### 0.223722297 23.1 1,980,000 2.467 2.233 

### 0.234463320 20.0 709,000 2.619 2.375 

### 0.244 172996 5003021 5.509935tons/summer day
Nox
2002 2008 g/mi g/mi 60.7 1,278,000 2.316 2.169 

### 0.147 187866 59.6 758,000 2.285 2.139 

### 0.146 110668 48.7 473,000 1.957 1.854 

### 0.103 48719 44.1 586,000 1.913 1.810 

### 0.103 60358 39.5 180,000 1.883 1.779 

### 0.104 18720 20.0 75,000 2.070 1.962 

### 0.108 8100

47.3 5,629,000 2.035 1.893 

### 0.142 799318 43.9 2,755,000 1.998 1.856 

### 0.142391210 29.6 6,163,000 1.899 1.794 

### 0.105647115 27.3 3,239,000 1.928 1.823 

### 0.105340095 23.1 1,980,000 1.998 1.891 

### 0.107211860 20.0 709,000 2.070 1.962 

### 0.108 76572
2900601 3.194494tons/summer day
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on August 25, 2009 at The Chateau, 955 Fairway Blvd., Incline Village, NV 89451. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

# DATES:

The meeting will be held August 25, 2009, beginning at 1 p.m. and ending at 4 p.m.

# ADDRESSES:

The meeting will be held at The Chateau, 955 Fairway Boulevard, Incline Village, NV 89451. 

# FOR FURTHER INFORMATION OR TO REQUEST AN ACCOMMODATION (ONE WEEK PRIOR TO MEETING DATE) CONTACT:

Linda Lind, Lake Tahoe Basin Management Unit, Forest Service, 35 College Drive, South Lake Tahoe, CA 96150, (530) 543-2787.

# SUPPLEMENTARY INFORMATION:

                    Items to be covered on the agenda include: (1) Discussion of the Tahoe Science Consortium review of capital projects for monitoring and adaptive management opportunities; (2) review of the Erosion Control Program process and priorities; and (3) Public Comment. All Lake Tahoe Basin Federal Advisory Committee meetings are open to the public. Interested citizens are encouraged to attend at the above address. Issues may be brought to the attention of the Committee during the open public comment period at the meeting or by filing written statements with the secretary for the Committee before or after the meeting. Please refer                           ( print page 39613)                        any written comments to the Lake Tahoe Basin Management Unit at the contact address stated above.                

Dated: July 31, 2009.

Gina Thompson,

Acting Forest Supervisor.

[FR Doc. E9-18832 Filed 8-6-09; 8:45 am]

BILLING CODE 3410-11-M
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                          408107
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  834200
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      634200
<TOTAL-LIABILITY-AND-EQUITY>                    834200
<SALES>                                         385000
<TOTAL-REVENUES>                                (45507)
<CGS>                                           400000
<TOTAL-COSTS>                                   437085
<OTHER-EXPENSES>                                 57053
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0            
<INCOME-PRETAX>                                (102560)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (102560)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (102560)
<EPS-PRIMARY>                                   (16.15)
<EPS-DILUTED>                                   (16.15)
        

</TABLE>
Editorial Note on Part 301
Editorial Note: In the text of this part, integral section references are to sections of the Internal Revenue Code of 1954; decimal section references are to the Code of Federal Regulations. References in the text to the “Code” are references to sections of the Internal Revenue Code of 1954.

§ 301.7401-1 Authorization. ( a ) *In general.* No civil action for the collection or recovery of taxes, or of any fine, penalty, or forfeiture, shall be commenced unless the Commissioner (or the Director, Alcohol, Tobacco and Firearms Division, with respect to the provisions of subtitle E of the Code), or the Chief Counsel for the Internal Revenue Service or his delegate authorizes or sanctions the proceedings and the Attorney General or his delegate directs that the action be commenced.
( b ) *Property held by banks.* The Commissioner shall not authorize or sanction any civil action for the collection or recovery of taxes, or of any fine, penalty, or forfeiture, from any deposits held in a foreign office of a bank engaged in the banking business in the United States or a possession of the United States unless the Commissioner believes— ( 1 ) That the taxpayer is within the jurisdiction of a U.S. court at the time the civil action is authorized or sanctioned and that the bank is in possession of (or obligated with respect to) deposits of the taxpayer in an office of the bank outside the United States or a possession of the United States; or
( 2 ) That the taxpayer is not within the jurisdiction of a U.S. court at the time the civil action is authorized or sanctioned, that the bank is in possession of (or obligated with respect to) deposits of the taxpayer in an office outside the United States or a possession of the United States, and that such deposits consist, in whole or in part, of funds transferred from the United States or a possession of the United States in order to hinder or delay the collection of a tax imposed by the Code.
For purposes of this paragraph, the term “possession of the United States” includes Guam, the Midway Islands, the Panama Canal Zone, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Wake Island. [32 FR 15241, Nov. 3, 1967, as amended by T.D. 7188, 37 FR 12796, June 29, 1972]
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 41426

STATE OF IDAHO,

Plaintiff-Respondent,

v.

JOSHUA THOMAS BENNETT,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2015 Unpublished Opinion No. 589

Filed: August 11, 2015

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Seventh Judicial District, State of Idaho, 

Bonneville County. Hon. Joel E. Tingey, District Judge. 

Appeal from judgment of conviction and unified fifteen-year sentence with threeyear determinate term for conspiracy to deliver marijuana, dismissed.

Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before MELANSON, Chief Judge; GUTIERREZ, Judge;

and GRATTON, Judge

________________________________________________

PER CURIAM

Pursuant to a plea agreement, Joshua Thomas Bennett pled guilty to conspiracy to deliver 

marijuana, with an enhancement for having previously been convicted of delivering a controlled 

substance, Idaho Code §§ 37-2732(a)(1)(B), 37-2732(f), 37-2739A. The district court sentenced 

Bennett to a unified term of fifteen years, with a minimum term of confinement of three years, to 

be served concurrently with a previously imposed sentence. Bennett appeals, contending that the 

district court abused its discretion by imposing an excessive sentence.

Bennett’s appeal must be dismissed because he waived the right to appeal with respect to 

the issues that he now attempts to present to this Court. Idaho Criminal Rule 11(d)(3) 
2

specifically contemplates that a defendant’s right of appeal may be waived as a component of a 

plea agreement. Such waivers are enforceable when they are made knowingly, voluntarily, and 

intelligently. State v. Murphy, 125 Idaho 456, 457, 872 P.2d 719, 720 (1994). Bennett does not 

dispute the validity of his waiver. Because Bennett has waived his right to appeal, this appeal is 

dismissed.
II

Calendar No. 293

104TH CONGRESS

1ST SESSION H. J. RES. 132

IN THE SENATE OF THE UNITED STATES

DECEMBER 18, 1995

Received

DECEMBER 19, 1995

Read the first time

DECEMBER 20, 1995

Read the second time and placed on the calendar

JOINT RESOLUTION

Affirming that budget negotiations shall be based on the

most recent technical and economic assumptions of the

Congressional Budget Office and shall achieve a balanced

budget by fiscal year 2002 based on those assumptions.

Whereas on November 20 the President signed legislation

(Public Law 104–56) committing Congress and the

President to ‘‘enact legislation in the first session of the

104th Congress to achieve a balanced budget not later

than fiscal year 2002 as estimated by the Congressional

Budget Office’’;
2

HJ 132 PCS

Whereas Congress has approved legislation that achieves a

balanced budget in fiscal year 2002 as estimated by the

Congressional Budget Office;

Whereas congressional Democrats have offered alternative

budgets in the House and Senate which also achieve balance in fiscal year 2002 as estimated by the Congressional Budget Office;

Whereas the commitment to enact legislation in the first session of Congress requires action now in negotiations;

Whereas the negotiations have no preconditions on levels of

spending or taxation, except that the resulting budget

must achieve balance by fiscal year 2002 as estimated by

the Congressional Budget Office;

Whereas the Congressional Budget Office has updated its

technical and economic assumptions following a thorough

consultation with government and private experts; and

Whereas the Congressional Budget Office has begun consultation and review with the Office of Management and

Budget: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the current negotiations between Congress and the

4 President shall be based on the most recent technical and

5 economic assumptions of the Congressional Budget Office,

6 and that the Congress is committed to reaching an agree7 ment this year with the President on legislation that will
3

HJ 132 PCS

1 achieve a balanced budget by fiscal year 2002 as estimated

2 by the Congressional Budget Office.

Passed the House of Representatives December 18

(legislative day, December 15), 1995.

Attest: ROBIN H. CARLE,

Clerk.
Calendar No. 293

104TH CONGRESS

1ST SESSION H. J. RES. 132

JOINT RESOLUTION

Affirming that budget negotiations shall be based

year 2002 based on those assumptions.and shall achieve a balanced budget by fiscalsumptions of the Congressional Budget Officeon the most recent technIcal and economic asDECEMBER 20, 1995

Read the second time and placed on the calendar