alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### MOORE v. MOORE et al., Adm’rs.

No. 30879.

Sept. 28, 1943.

Rehearing Denied Oct. 26, 1943.

*142 P. 2d 122.*

*226T. J. McComb, of Oklahoma City, for plaintiff in error.

Jerome Sullivan, of Duncan, for defendants in error.

RILEY, J.

Winnie Kyle, styling herself as Winnie Kyle Moore, sued Thomas F. Moore, since deceased, to establish as between herself and him a common-law relation of marriage and to dissolve that relation by divorce and to divide between them property of the estimated value of $150,000 as being acquired by their joint industry during coverture.

There was joined, without objection, an action sounding in tort for personal injuries alleged to have been sustained when defendant shoved plaintiff from a car. The damages for this were itemized as being $35 actual and $10,000 punitive.

The defendant answered by general denial, a plea of res adjudicata and estoppel, and judgment was rendered for defendant. Plaintiff appeals.

The undisputed evidence shows that plaintiff was divorced from a third person in 1928. Before that divorce decree was final the plaintiff, according to her own testimony, began living with defendant, under the following circumstances that are not shown to have developed any .nearer a marital state:

> ‘‘We had this agreement: Mr. Moore said he loved me and thought more of me than anybody in the world and we would go ahead arid live together and when my six months was up on my divorce decree we would have a ceremonial marriage, and I studied it over a little while and told him that would be all right with me, we would go ahead and live together but I wanted the ceremonial marriage, and we started living together right then.”

The defendant denied the promise.

In 1936 a judgment was rendered against plaintiff and favorable to defendant in an action brought by plain-r tiff for breach of promise to marry. According to the position of plaintiff, at that time no marriage relation between the parties existed. As to time subsequent, there is no evidence tending to show a contract or any other characteristic of marriage existing between the parties. The trial court found by a preponderance of the evidence that no marital relation existed between those parties, and the evidence amply supports that view. The trial court elected to believe the testimony of the defendant upon the cause of action for personal injuries, and that conclusion finds support in evidence of record. In re Trope’s Estate, Trope v. Trope, Adm’r, 190 Okla. 453, 124 P. 2d 733.

Judgment affirmed.

CORN, C. J., and OSBORN, BAY-LESS, WELCH, HURST, DAVISON, and ARNOLD, JJ., concur. GIBSON, V. C. J., absent.
#### § 1807.602 Nature of funds.

CMF Awards are Federal financial assistance with regard to the application of Federal civil rights laws.
§ 1278.7 Consummation of the merger. ( a ) *Post-approval submissions.* After the members of each Constituent Bank have voted to ratify the merger agreement, the Constituent Banks shall submit to FHFA: ( 1 ) Evidence acceptable to the Director that all conditions imposed in connection with the approval of the merger application under § 1278.5 have been satisfied, including the items specified in §§ 1278.5(b)(1) and (2); and
( 2 ) An organization certificate for the Continuing Bank, in such form as FHFA may specify, that has been executed by the individuals who will constitute the board of directors of the Continuing Bank.
( b ) *Acceptance of organization certificate.* Upon determining that all conditions have been satisfied and that the organization certificate meets the requirements of § 1278.7(a)(2), the Director shall accept the organization certificate of the Continuing Bank by endorsing thereon the date of acceptance and the Effective Date, which date shall be: ( 1 ) The proposed Effective Date set forth in the merger agreement or, if the merger agreement expresses the proposed Effective Date in terms of a range of dates, a date within the applicable range of dates; or
( 2 ) If the proposed Effective Date set forth in the merger agreement has passed, the earlier of: ( i ) The 10th business day following the date of acceptance of the organization certificate by the Director; or
( ii ) The last business day preceding any date specified in the merger agreement by which the merger agreement will terminate if the merger has not become effective.
( c ) *Effectiveness of merger.* After the Director has accepted the organization certificate of the Continuing Bank as provided in § 1278.7(b), and as of the commencement of the Effective Date specified on such organization certificate: ( 1 ) The Continuing Bank shall become or remain a body corporate (depending on the type of transaction) operating under such organization certificate with all powers granted to a Bank under the Bank Act;
( 2 ) The Continuing Bank shall succeed to all rights, titles, powers, privileges, books, records, assets, and liabilities of the Constituent Banks, as provided in the merger agreement; and
( 3 ) The corporate existence of any Constituent Bank that is not a Continuing Bank shall cease, unless otherwise provided in the merger agreement.
( d ) *Notice.* After accepting the organization certificate for the Continuing Bank, the Director shall provide to the Constituent Banks, and to each other Bank and the Office of Finance, prompt written notice of that fact, which shall include the date of acceptance and the Effective Date of the organization certificate.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This  Schedule  contains  summary  financial   information  extracted  from  the
consolidated  financial  statements of Elcom  International,  Inc.'s 10-k and is
qualified in its entirety by reference to such financial statements as set forth
on Pages F-1 through F-22
</LEGEND>
<CIK>                                          0000900096
<NAME>                                         Elcom International, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<EXCHANGE-RATE>                                          1
<CASH>                                              33,165
<SECURITIES>                                             0
<RECEIVABLES>                                      186,423
<ALLOWANCES>                                         5,474
<INVENTORY>                                         60,437
<CURRENT-ASSETS>                                   277,806
<PP&E>                                              34,099
<DEPRECIATION>                                      17,649
<TOTAL-ASSETS>                                     332,068
<CURRENT-LIABILITIES>                              218,300
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               272
<OTHER-SE>                                         110,031
<TOTAL-LIABILITY-AND-EQUITY>                       332,068
<SALES>                                            760,136
<TOTAL-REVENUES>                                   760,136
<CGS>                                              669,742
<TOTAL-COSTS>                                       71,475
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   5,203
<INCOME-PRETAX>                                     14,777
<INCOME-TAX>                                         4,489
<INCOME-CONTINUING>                                 10,288
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        10,288
<EPS-PRIMARY>                                          .38
<EPS-DILUTED>                                          .35
        



</TABLE>
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 DHB Industries, Inc. (the
"Company") on Form 10-K/A for the year ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David H. Brooks, Chairman and Chief Executive Officer of the Company, 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.


Dated:  July 18, 2003                   By: /s/ DAVID H. BROOKS
                                            ____________________________________
                                            David H. Brooks
                                            Chairman and Chief Executive Officer

This certification accompanies this Report on Form 10-K/A pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by such Act, be deemed filed by the Company for purposes of Section 18
of the Securities Exchange Act of 1934, as amended.
#### LEO N. LESLIE, Respondent, v. HENRY W. TIERNAN, Appellant.

Kansas City Court of Appeals,

February 17, 1913.

PLEADING: Justices of the Peace: Statement: Sufficiency. The following statement before a justice of the peace was *held*to be sufficient to invoke the jurisdiction of the justice: “Plaintiff for cause of action states that defendant is indebted to him in the sum of three hundred dollars for moneys advanced and actually paid by plaintiff for and on account of *341defendant at his instance and reguest, as rent on certain real estate on the southwest corner of Eleventh street and Locust Street in Kansas City, Missouri.

"Wherefore, plaintiff prays judgment for three hundred dollars.”

Appeal from Jackson Circuit *Court.*— Mon. *Jas. M. Slover,*Judge.

Affirmed.

*G. W. Prince*and *E. A. Morris*for appellant.

*Geo. 8. Bryant, Jr.,*for respondent.

ELLISON, J.

Plaintiff’s action was begun before a justice of tbe peace. It was appealed to tbe circuit court, where be recovered judgment. Defendant has brought tbe case here without a bill of exceptions, contending that tbe record proper will support bis appeal.

Tbe sole insistence is that tbe following paper did not state a cause of action in sufficiently definite terms to invoke tbe jurisdiction of the justice:

> “Plaintiff for cause of action states that defendant is indebted to him in tbe sum of three hundred dollars for moneys advanced and actually paid by plaintiff for and on account of defendant at bis instance and request, as rent on certain real estate on tbe soutwest corner of Eleventh street and Locust street in Kansas City, Missouri. Wherefore, plaintiff prays judgment for three hundred dollars.”

We regard tbe statement as ample. [Moore v. Harmes, 123 Mo. App. 34; Johnson v. Kahn, 97 Mo. App. 628.]

It seems defendant regards tbe cause of action as on an account and that it should have been accompanied by dates, etc. But, as stated by plaintiff’s counsel at the argument, tbe claim is not like a mercantile account; and while dates might be a matter of *342interest between defendant and Ms landlord, it did not concern plaintiff. Tbe face of tbe statement shows that defendant requested plaintiff to pay for Mm three hundred dollars rent for certain real estate and that he did so. No more was necessary.

The judgment was for the right party and is affirmed.

All concur.
42392.

#### STATE HIGHWAY DEPARTMENT v. EDMUNDS.

*Frankum, P. J., and Deen, J., co,ncur. Quillian, J., disqualified.*

Submitted November 7, 1966

Decided February 3, 1967.

*Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, D. Field Yow, L. Clifford Adams, Deputy Assistant Attorneys General, Lon L. Fleming,*for appellant.

*Robert E. Knox, Warren D. Evans,*for appellee.

Hall, Judge.

The State Highway Department, as condemnor, appeals from a judgment based on a jury verdict establishing an award of compensation for property of condemnee taken pursuant to Ga. L. 1961, p. 517, as amended *(Code Ann.*§ 36-1301 et seq.).

1. Enumerations of error 1 and 4 contend that the trial court erred in failing to sustain motions to strike the entire testimony of two witnesses for the condemnee. Some parts of the testimony of each witness were not objectionable, and since the testimony of each witness was objected to in its entirety, the refusal to strike it upon condemnor’s motion was not error. *State Hwy. Dept. v. Whitehurst,*112 Ga. App. 877 (2) (146 SE2d 919); *State Hwy. Dept. v. Edmunds,*113 Ga. App. 550 (2) (149 SE2d 182).

2. Enumerations of error 2 and 3, relating to motions to exclude the testimony of witness Kimbrel on the ground that the value of the land at the time of the taking controls, are* without merit. *State Hwy. Dept. v. Evans,*114 Ga. App. 38 (150 SE2d 167).

3. Enumeration of error 5 is without merit for the reason that no party can complain of the giving of or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection. Ga. L. 1965, p. 18, as amended, Ga. L. 1966, p. 493.

4. Enumerations of error 6 and 7 are without merit for the reasons stated in *Calhoun v. State Hwy. Dept.,*223 Ga. 65 (153 SE2d 418), which reversed this court’s decision in *State Hwy. Dept. v. Calhoun,*114 Ga. App. 501 (151 SE2d 806).

*Judgment affirmed.*
EXHIBIT 32.2


                            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  DHB  Industries,  Inc.  (the
"Company") on Form 10-K for the year ending  December 31, 2004 as filed with the
Securities and Exchange  Commission  (the  "Report"),  I, Dawn  Schlegel,  Chief
Financial  Officer of the Company,  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.



Dated:  March 11, 2005                         By: /s/ DAWN M. SCHLEGEL
                                                   ---------------------------
                                                       Dawn M. Schlegel
                                                       Chief Financial Officer



This certification accompanies this Report on Form 10-K pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended.
exhibit102.htm


 








Exhibit 10.2







DESCRIPTION OF DIRECTOR COMPENSATION PROGRAM








Until further revision, our Director Compensation Program is as described in this Exhibit 10.2, effective after the election of directors at our 2015 Annual Meeting of Stockholders.







Directors who are not our employees or employees of one of our subsidiaries receive a $25,000 annual retainer and no meeting attendance fees.  An additional annual retainer of $7,500 is paid to the Audit Committee Chair; $5,000 to the Compensation Committee Chair; and $5,000 to the Nominating and Corporate Governance Committee Chair. For the additional time related to attending committee meetings, Audit Committee members also receive an annual fee of $5,000; Compensation Committee members also receive an annual fee of $4,000; and Nominating and Corporate Governance Committee members also receive an annual fee of $4,000.







In lieu of stock options that had previously been a part of outside director compensation, Directors who are not our employees or employees of one of our subsidiaries receive a grant of Class A common stock equivalent to $50,000 following their election at our annual meeting of stockholders.  Directors can only sell these shares if, after the sale, they maintain a minimum of $100,000 in value of Class A common stock.






 


Back to Form 10-Q
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1

<S>                                        <C>
<PERIOD-TYPE>                                    6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         12,924
<SECURITIES>                                         0
<RECEIVABLES>                                  195,698
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               208,622
<PP&E>                                          65,164
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,963,881
<CURRENT-LIABILITIES>                          290,381
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    138,500
<COMMON>                                       261,435
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,963,881
<SALES>                                        296,161
<TOTAL-REVENUES>                               296,161
<CGS>                                          152,614
<TOTAL-COSTS>                                  309,858
<OTHER-EXPENSES>                              (294,967)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (94,608)
<INCOME-PRETAX>                               (294,967)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 96,229
<CHANGES>                                            0
<NET-INCOME>                                  (294,967)
<EPS-BASIC>                                     (0.006)
<EPS-DILUTED>                                   (0.006)



</TABLE>
**Exhibit 23.2**

** **

** **

**Consent ofIndependent Registered Public Accounting Firm**

 

 

We consentto the incorporation by reference in the following Registration Statements ofVornado Realty Trust of our reports dated March 24, 2016, with respect to theconsolidated financial statements and schedule of Toys “R” Us, Inc. andSubsidiaries, and the effectiveness of internal control over financialreporting of Toys “R” Us, Inc. and subsidiaries, included in it’s Annual Report(Form 10-K) for the year ended January 30, 2016, filed with the Securities andExchange Commission: 

 

AmendmentNo. 1 to Registration Statement No. 333-36080 on Form S-3

RegistrationStatement No. 333-64015 on Form S-3

AmendmentNo.1 to Registration Statement No. 333-50095 on Form S-3

RegistrationStatement No. 333-52573 on Form S-8

RegistrationStatement No. 333-76327 on Form S-3

AmendmentNo.1 to Registration Statement No. 333-89667 on Form S-3

AmendmentNo.1 to Registration Statement No. 333-102215 on Form S-3

AmendmentNo.1 to Registration Statement No. 333-102217 on Form S-3

RegistrationStatement No. 333-105838 on Form S-3

RegistrationStatement No. 333-107024 on Form S-3

RegistrationStatement No. 333-109661 on Form S-3

RegistrationStatement No. 333-114146 on Form S-3

RegistrationStatement No. 333-114807 on Form S-3

RegistrationStatement No. 333-121929 on Form S-3

AmendmentNo. 1 to Registration Statement No. 333-120384 on Form S-3

RegistrationStatement No. 333-126963 on Form S-3

RegistrationStatement No. 333-139646 on Form S-3

RegistrationStatement No. 333-141162 on Form S-3

RegistrationStatement No. 333-150592 on Form S-3

RegistrationStatement No. 333-166856 on Form S-3

RegistrationStatement No. 333-172880 on Form S-8

RegistrationStatement No. 333-191865 on Form S-4   

 

and in the following joint registrationstatements of Vornado Realty Trust and Vornado Realty L.P.:  

   

RegistrationStatement No. 333-203294 on Form S-3

 

 

/s/ Ernst & Young LLP

                                                                                                                                

New York, New York

April 8, 2016
**Exhibit 32.2**

** **

**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 AnnualReport of  Thomas Group, Inc.. (the“Company”) on Form 10-K for the period ending December 31, 2002 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,James T. Taylor, Vice President, Chief Financial Officer and Secretary of theCompany, certifies that:

 

1.                                       TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| /s/  James T. Taylor                           |   |
|-----------------------------------------------------|--------|
| James T. Taylor                                     |
| Executive  Vice President, Chief Financial Officer, |
| Treasurer  and Secretary                            |
|                                                |
| December 19,  2003                                  |

 

 

A signed original of thiswritten statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----