alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STALE CLAIM FOR ALIMONY.

Circuit Court of Cuyahoga County.

#### Sarah Morgan v. Joseph Wakelin.*

Decided, February 29, 1904.

*Alimony*— Equity—Delay *of Twenty-Four Tears in Asking Alimony Makes Claim Stale.*

A delay of twenty-four years after a husband has secured a divorce in another state, before applying for alimony, during all of which time the husband was the owner of real estate situated in the county which might have been subjected to the payment of alimony and during which time the wife has remarried, makes a claim for alimony stale.

*E. Sowers,*for plaintiff in error.

*Blandin, Bice <&■ Ginn,*contra.

Hale, J. (orally) ; Marvin, J., and Winch, J., concur.

*

Affirmed without opinion, *Morgan*v. Wakelin,. 72 Ohio State, 656.

Mrs. Morgan, who brings this action, was formerly the wife of Wakelin. In 1876 they were divorced, and the same year she married Morgan and has been his wife since that time. She brings an action now for alimony. The ease was commenced in 1900, and seeks to reach real estate located in this county. One •parcel of real estate is owned in common, as the deeds show, by her and her former husband, Wakelin. That property she has occupied during all these years, notwithstanding the husband has the title to one-half of it. The other parcel of property was acquired by Wakelin in 1888.

The court below held that under these circumstances the action was delayed too long; that the cause of action, being equitable in its nature, had become stale, and that courts would not entertain now an action to enforce it. This judgment of the court of common pleas was rendered upon the pleadings as they stood, without any evidence. If it is desirable to review the judgment of the court of common pleas, it can be easily done as it now *69stands. We are inclined to think the court of common pleas was correct, as more than twenty-four years had elapsed between the granting of the decree and the bringing of this action.

The reason why alimony was not allowed in the first action was because the divorce was granted in Arkansas, on the application of the husband, and gave the wife no opportunity to make a claim for alimony.

The property has all the while — one parcel since the divorce and the other parcel since 1888 — been in this county, and could have been reached as well before 1900 as in 1900, and we are inclined to hold that the court of common pleas was correct in rendering judgment on the pleadings and we affirm the judgment.
a50369455ex10-1.htm


EXHIBIT 10.1


iParty Corp.







COMPENSATION ARRANGEMENTS WITH INDEPENDENT DIRECTORS FOR SERVICE


COMMENCING AFTER ELECTION AT THE ANNUAL MEETING OF STOCKHOLDERS







June 6, 2012












Equity Compensation







     Each independent director (i.e., each of Daniel DeWolf, Frank Haydu, and Joseph Vassalluzzo) shall be granted an option as of June 6, 2012 exercisable for the purchase of 40,000 shares of iParty's common stock in respect of his service as a director. Each such option shall have an exercise price equal to $0.20 per share, the market price of iParty's common stock at the close of business on the grant date (i.e., June 6, 2012) and shall vest quarterly in equal parts over one year, vesting in full on June 6, 2013.







     Each of these stock option grants shall be made pursuant to iParty's 2009 Stock Incentive Plan.












Cash Compensation







     Each independent director shall be paid $35,000 in cash, payable in equal quarterly installments, for his service as a director for the year beginning on the date of his election at the stockholders meeting on June 6, 2012.







     Each independent director shall be paid an annual fee of the following amount in cash, payable in equal quarterly installments, for service on the various committees of the Board of Directors:








	
Joseph Vassalluzzo

	
$25,750


	
Daniel DeWolf

	
$10,300


	
Frank Haydu

	
$20,600
| (logo) WELLS

           FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

 

**ANNUAL STATEMENT OFCOMPLIANCE**

** **

** **

Reference is herebymade to that certain Pooling and Servicing Agreement dated as of December 1,2016, by and among J.P. Morgan Chase Commercial Mortgage Securities Corp., asDepositor, Wells Fargo Bank, National Association, as Master Servicer, LNRPartners, LLC, as Special Servicer, Wells Fargo Bank, National Association, asCertificate Administrator, Wilmington Trust, National Association, as Trustee,and Pentalpha Surveillance LLC, as Operating Advisor and as AssetRepresentations Reviewer, with respect to Commercial Mortgage Pass-ThroughCertificates Series 2016-JP4 (the "Agreement"). Capitalized termsused herein not otherwise defined shall have the meanings assigned in theAgreement.

 

Pursuant to Section11.09 of this Agreement, I, Leslie Hayton, Managing Director of CommercialMortgage Services do hereby certify that:

 

1.           A review of the activities of the Master Servicer during the period fromJanuary 1, 2018 through December 31, 2018 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.           To the best of my knowledge, based on such review, the Master Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

IN WITNESS WHEREOF,the undersigned has executed this Certificate as of the 28th day ofFebruary 2019.

 

 

/s/Leslie Hayton

Leslie Hayton 

Managing Director 

Wells Fargo Bank

 

 

| Wells  Fargo Bank, N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|
#### In the Matter of Lohaiza Saladin, Respondent, v Thomas M. Vicari, Appellant.

[805 NYS2d 6]

Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about July 1, 2004, which denied respondent’s objections to an order of the Support Magistrate, entered on or about April 28, 2004, fixing respondent’s child support obligations, unanimously affirmed, without costs.

Respondent’s repeated failure to provide financial disclosure as directed warranted an order of support based on the child’s needs or standard of living, whichever is greater (Family Ct Act § 413 [1] [k]).

Both respondent and his counsel were granted repeated adjournments, and were apprised that there would be no further adjournments of the final hearing date. There is, accordingly, no merit to the contention that respondent and his counsel were not afforded a reasonable opportunity to appear and present evidence *(cf. Matter of Lewis v Crosson,*53 AD2d 1029*216[1976]). Concur—Tom, J.P., Saxe, Nardelli, Catterson and Malone, JJ.
U.S. Department 

of Transportation 

Federal Aviation Administration 

Office of Adjudication 

Via Regular Mail and Facsimile 

April8, 2016 

Casey E. Gardner, Esq. 

Federal Aviation Administration 

Enforcement Division, AGC-300 

800 Independence Avenue, SW. 

Washington, D.C. 20591 

Todd Emerson, Esq. 

Sky West Airlines 

444 S. River Road 

St. George, UT 84790 

800 Independence Ave., S.W, Rm 323 

Washington, D.C. 20591 

Re: Sky West Airlines, Inc., FDMS Nos. FAA-2013-0292; FAA-2012-0777; 

FAA-2012-0868; FAA-2012-0869; FAA-2012-0872; FAA-2012-0873; 

FAA-2012-0874; FAA-2012-0904; F AA-2013-0617; F AA-2013-0619 

Dear Ms. Gardner and Mr. Emerson: 

On April 7, 2016, the FAA Hearing Docket Clerk received "Complainant & 

Respondent's Joint Motion to Hold Decisions in Abeyance Pending the Outcome of 

Settlement Negotiations." You explained that the parties are engaged in settlement 

discussions, and you requested that the Administrator not issue any decisions regarding 

the above-referenced cases on appeal. 

In light of your joint motion, decisions in these cases will be held in abeyance for 3 0 

calendar days from today's date, or until negotiations are concluded, whichever occurs 

first. Please promptly inform the Hearing Docket Clerk regarding any developments. 

Sincerely, 

~~ Director and Administrative Judge
Second Amendment Agreement to the Marketing Agent Agreement



 Exhibit 10.3 
 UNITED STATES 12 MONTH OIL FUND, LP 
 AMENDMENT NO. 2 TO MARKETING AGENT
AGREEMENT 
 This Amendment No. 2 dated as of July 30, 2012 to the Marketing Agent Agreement, by and among United
States 12 Month Oil Fund, LP, a Delaware limited partnership (the “Fund”), United States Commodity Funds LLC, formerly Victoria Bay Asset Management, LLC, a Delaware limited liability company, as General Partner of the Fund (the
“General Partner”) and ALPS Distributors, Inc., a Colorado corporation (the “Marketing Agent”). 

WITNESSETH 
 WHEREAS, the Fund, the General Partner and the Marketing Agent entered into a Marketing Agent Agreement dated as of November 8, 2007; 

WHEREAS, the Marketing Agent Agreement was amended by the Fund, the General Partner and the Marketing Agent effective
March 24, 2008 (collectively, the “Agreement”); and 
 WHEREAS, the Fund, the General Partner and the Marketing
Agent wish to amend the Marketing Agent Agreement. 
 NOW, THEREFORE, in consideration of the mutual covenants and
agreement herein contained, the Fund, General Partner and the Marketing Agent hereby agree as follows: 
  

	 	1.	 Notices. Section 10.7 of the Agreement entitled “Notices” is amended to change the address of the General Partner
effective August 1, 2012 to the following: 


 United States Commodity Funds LLC 

1999 Harrison Street, Suite 1530 
 Oakland, California 94612 
  

	 	2.	 Except as specifically set forth herein, all other provisions of the Agreement shall remain in full force and effect. 



[SIGNATURES ON FOLLOWING PAGE] 







 IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment No. 2 to be
duly executed as of the date first written above. 
  

			
	UNITED STATES 12 MONTH OIL FUND, LP
	By:	 	United States Commodity Funds LLC, as General Partner

  

	
	
	 /s/ Howard Mah

	Name: Howard Mah
	Title: Management Director

  

			
	UNITED STATES COMMODITY FUNDS LLC
		
		 	 /s/ Howard Mah

		 	Name: Howard Mah
		 	Title: Management Director

  

	
	ALPS DISTRIBUTORS, INC.
	
	 /s/ Thomas A. Carter

	Name: Thomas A. Carter
	Title: President
#### In the Matter of Glen Walsh, Respondent, v Melissa Badick, Appellant.

[803 NYS2d 910]

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Rockland County (Warren, J.), entered June 8, 2004, which, after a hearing, granted the father custody of the parties’ son.

Ordered that the order is affirmed, without costs or disbursements.

Custody matters are within the discretion of the Family Court, and its findings should be accorded great deference on appeal since it was in the best position to evaluate the testimony, character, and sincerity of the parties *(see Eschbach v Eschbach,*56 NY2d 167, 173-174 [1982]; *Matter of Canazon v*Canazon, 215 AD2d 652 [1995]; *Klat v Klat,*176 AD2d 922, 923 [1991]). As there is a sound and substantial basis in the record for the Family Court’s determination, it should not be disturbed *(see Matter of Rory H. v Mary M., 13*AD3d 373 [2004]). Schmidt, J.P., Cozier, Rivera and Fisher, JJ., concur.
§ 54.9801-1 Basis and scope. ( a ) *Statutory basis.* This section and sections 54.9801-2 through 54.9801-6, 54.9802-1, 54.9802-2, 54.9802-3T, 54.9811-1, 54.9812-1T, 54.9831-1, and 54.9833-1 (portability sections) implement Chapter 100 of Subtitle K of the Internal Revenue Code of 1986.
( b ) *Scope.* A group health plan or health insurance issuer offering group health insurance coverage may provide greater rights to participants and beneficiaries than those set forth in the portability and market reform sections of this part 54. This part 54 sets forth minimum requirements for group health plans and group health insurance issuers offering group health insurance coverage concerning certain consumer protections of the Health Insurance Portability and Accountability Act (HIPAA), including special enrollment periods and the prohibition against discrimination based on a health factor, as amended by the Patient Protection and Affordable Care Act (Affordable Care Act). Other consumer protection provisions, including other protections provided by the Affordable Care Act and the Mental Health Parity and Addiction Equity Act, are set forth in this part 54.
( c ) *Similar requirements under the Employee Retirement Income Security Act and the Public Health Service Act.* Sections 701, 702, 703, 711, 712, 732, and 733 of the Employee Retirement Income Security Act of 1974 and sections 2701, 2702, 2704, 2705, 2721, and 2791 of the Public Health Service Act impose requirements similar to those imposed under Chapter 100 of Subtitle K with respect to health insurance issuers offering group health insurance coverage. See 29 CFR part 2590 and 45 CFR parts 144, 146, and 148. See also part B of title XXVII of the Public Health Service Act and 45 CFR part 148 for other rules applicable to health insurance offered in the individual market (defined in § 54.9801-2).
[T.D. 9166, 69 FR 78746, Dec. 30, 2004, as amended by T.D. 9299, 71 FR 75056, Dec. 13, 2006; T.D. 9427, 73 FR 62419, Oct. 20, 2008; T.D. 9464, 74 FR 51678, Oct. 7, 2009; T.D. 9656, 79 FR 10303, Feb. 24, 2014]
www.gpo.gov

### §§5036 to 5039. Repealed. Pub. L. 103–149, §4(a)(1), Nov. 23, 1993, 107 Stat. 1504

Section 5036, Pub. L. 99–440, title II, §209, Oct. 2, 1986, 100 Stat. 1098, prohibited assistance under this chapter to certain groups.

Section 5037, Pub. L. 99–440, title II, §210, Oct. 2, 1986, 100 Stat. 1098, authorized President to use Emergency Reserve for African Famine Relief to meet food shortages in southern Africa.

Section 5038, Pub. L. 99–440, title II, §211, Oct. 2, 1986, 100 Stat. 1098, prohibited assistance under this chapter, chapter 32 of this title, or any other law to any person or group engaging in “necklacing”.

Section 5039, Pub. L. 99–440, title II, §212, Oct. 2, 1986, 100 Stat. 1098; Pub. L. 99–631, §1(a)(11), Nov. 7, 1986, 100 Stat. 3516, related to participation of South Africa in agricultural export credit and promotion programs conducted by Secretary of Agriculture.
I

104TH CONGRESS

1ST SESSION H. R. 103

To amend title 5, United States Code, to provide that the Civil Service

Retirement and Disability Fund be excluded from the budget of the

United States Government.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. BILIRAKIS introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

DECEMBER 6, 1995

Rereferred to the Committee on the Budget, and in addition to the Committee

on Government Reform and Oversight, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title 5, United States Code, to provide that the

Civil Service Retirement and Disability Fund be excluded

from the budget of the United States Government.

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

3 That section 8348 of title 5, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(n) Notwithstanding any other provision of law, the

6 receipts and disbursements of the Fund—
2

•HR 103 RCH

1 ‘‘(1) shall not be included in the totals of—

2 ‘‘(A) the budget of the United States Gov3 ernment as submitted by the President; or

4 ‘‘(B) the congressional budget (including

5 allocations of budget authority and outlays pro6 vided therein);

7 ‘‘(2) shall be exempt from any general budget

8 limitation imposed by statute on expenditures and

9 net lending (budget outlays) of the United States

10 Government; and

11 ‘‘(3) shall be exempt from any order issued

12 under part C of the Balanced Budget and Emer13 gency Deficit Control Act of 1985.’’.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE QUARTER ENDED SEPT. 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000856711
<NAME> SUN SPORTSWEAR, INC.
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
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<SECURITIES>                                         0
<RECEIVABLES>                                6,576,288
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<CURRENT-ASSETS>                            29,494,761
<PP&E>                                      10,576,061
<DEPRECIATION>                               6,652,902
<TOTAL-ASSETS>                              33,432,426
<CURRENT-LIABILITIES>                        9,195,270
<BONDS>                                        155,642
<PREFERRED-MANDATORY>                                0
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<COMMON>                                    21,618,339
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                24,081,514
<SALES>                                     53,601,719
<TOTAL-REVENUES>                            53,601,719
<CGS>                                       46,596,495
<TOTAL-COSTS>                               56,095,726
<OTHER-EXPENSES>                              (51,461)
<LOSS-PROVISION>                               100,746
<INTEREST-EXPENSE>                             492,359
<INCOME-PRETAX>                            (2,934,905)
<INCOME-TAX>                                 (998,000)
<INCOME-CONTINUING>                        (1,936,905)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,936,905)
<EPS-PRIMARY>                                    (.34)
<EPS-DILUTED>                                    (.34)
        

</TABLE>
104TH CONGRESS

1ST SESSION H. R. 101

AN ACT

To transfer a parcel of land to the Taos Pueblo Indians

of New Mexico.

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

3 SECTION 1. LAND TRANSFER.

4 (a) TRANSFER.—The parcel of land described in sub5 section (b) is hereby transferred without consideration to

6 the Secretary of the Interior to be held in trust for the

7 Pueblo de Taos. Such parcel shall be a part of the Pueblo

8 de Taos Reservation and shall be managed in accordance

9 with section 4 of the Act of May 31, 1933 (48 Stat. 108)

10 (as amended, including as amended by Public Law 91–

11 550 (84 Stat. 1437)).
2

•HR 101 EH

1 (b) LAND DESCRIPTION.—The parcel of land re2 ferred to in subsection (a) is the land that is generally

3 depicted on the map entitled ‘‘Lands transferred to the

4 Pueblo of Taos—proposed’’ and dated September 1994,

5 comprises 764.33 acres, and is situated within sections 25,

6 26, 35, and 36, Township 27 North, Range 14 East, New

7 Mexico Principal Meridian, within the Wheeler Peak Wil8 derness, Carson National Forest, Taos County, New Mex9 ico.

10 (c) CONFORMING BOUNDARY ADJUSTMENTS.—The

11 boundaries of the Carson National Forest and the Wheeler

12 Peak Wilderness are hereby adjusted to reflect the trans13 fer made by subsection (a).

14 (d) RESOLUTION OF OUTSTANDING CLAIMS.—The

15 Congress finds and declares that, as a result of the enact16 ment of this Act, the Taos Pueblo has no unresolved equi17 table or legal claims against the United States on the

18 lands to be held in trust and to become part of the Pueblo

19 de Taos Reservation under this section.

Passed the House of Representatives February 1,

1995.

Attest:

Clerk.

104TH CONGRESS

1ST SESSION H.R. 101

AN ACT

To transfer a parcel of land to the Taos Pueblo

Indians of New Mexico.
§ 44.0-1 Introduction. ( a ) *In general.* The regulations in this part are designated “Wagering Tax Regulations.” The regulations relate to the taxes imposed by Chapter 35 of the Internal Revenue Code of 1954, as amended, to certain general provisions of Chapter 40 of such Code, and to certain related administrative provisions of Subtitle F of such Code. Chapter 35 imposes an excise tax on wagers and a special tax to be paid by each person liable for the tax imposed on wagers and by each person engaged in receiving wagers for or on behalf of any person liable for the tax imposed on wagers. References in these regulations to the “Internal Revenue Code” or the “Code” are references to the Internal Revenue Code of 1954, as amended, unless otherwise indicated. References to a section or other provision of law are references to a section or other provision of the Internal Revenue Code, as amended, unless otherwise indicated.
( b ) *Division of regulations.* The regulations in this part are divided into five subparts. Subpart A contains provisions relating to the arrangement and numbering of the sections of the regulations in this part, general definitions and use of terms, scope of the regulations, and the extent to which the regulations in this part supersede prior regulations relating to the taxes imposed by Chapter 35 of the Internal Revenue Code. Subpart B relates to the tax on wagers. Subpart C relates to the special tax. Subpart D relates to certain miscellaneous and general provisions having application to taxes imposed by Chapter 35. Subpart E relates to selected provisions of subtitle F of the Code (Procedure and Administration) which have special application to the taxes imposed by Chapter 35 of the Code.
( c ) *Arrangement and numbering.* Each section of the regulations in this part (other than subpart A) is designated by a number composed of the part number followed by a decimal point (44.); the section of the Internal Revenue Code which it interprets; a hyphen (-); and a number identifying the section. By use of these designations one can ascertain the sections of the regulations relating to a provision of the Code. For example, the regulations pertaining to section 4401 of the Code are designated §§ 41.4401-1, 41.4401-2, and 41.4401-3.
[T.D. 6370, 24 FR 2614, Apr. 4, 1959, as amended by T.D. 7665, 45 FR 6090, Jan. 25, 1980]
#### The People of the State of New York, Respondent, v Anthony Mann, Appellant.

[804 NYS2d 271]

Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered February 20, 2004, convicting him of criminal mischief in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]). Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.