alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Vern BARNETT *v.*MARYLAND CASUALTY COMPANY

5-6181

490 S.W. 2d 784

Opinion delivered February 25, 1973

*Douglas Bradley*and *Jon R. Coleman,*for appellant.

*Barnett, Wheatley, Smith ir Deacon,*for appellee.

Frank Holt, Justice.

The only issue on appeal is whether the appellant’s residential homeowner’s insurance policy covered the fire loss of his electric cook stove which was not on the insured premises. Based upon a stipulation of facts, the trial court, sitting as a jury, adjudged that appellant recover nothing from the appellee insurer and dismissed appellant’s complaint. Appellant asserts that this adverse judgment is contrary to the law and facts and, accordingly, should be reversed. We cannot agree.

The appellant owned a rental house. A tenant purchased and installed the electric stove during his occupancy. When the tenant moved the appellant acquired ownership of the stove in payment of the tenant’s rental indebtedness. Appellant did not remove the stove. Within the month he again rented the house. His new tenant, an employee, had a stove which “would not fit in the space.” Appellant “loaned” the electric stove to his new tenant “with no additional rent being charged,” reserving the right to remove the stove at any time. *1104About three months after renting the house to the new tenant, the house and stove were destroyed by fire. The agreed value of the stove is $326.

Appellant’s homeowner’s insurance policy on his own dwelling (not the rental house) provided coverage for “unscheduled personal property usual or incidental to the occupancy of the premises as a dwelling ***while on the described premises and ****such*unscheduled personal property while elsewhere than on the described premises, any where in the world.” (emphasis added) This coverage excluded “property rented or held for rental to others by the insured” and "business property while away from the described premises;...” These exclusions were pleaded as affirmative defenses and, also, that the coverage for unscheduled personal property included only such “personal property usual or incidental to the occupancy of the premises as a dwelling insured under the contract of insurance.”

It clearly appears that “such unscheduled property while elsewhere” must be “usual and incidental to the occupancy of the [insured] premises” in order to be covered by appellant’s homeowner’s policy. There is no evidence that appellant acquired, used or even contemplated the use of this particular electric stove in his own residence. To the contrary, the electric stove was acquired in connection with a business or the rental of a house. The stove, so acquired, was left in the rental house, as a loan, since the tenant’s stove wouldn’t fit. A contract of insurance, like other contracts, must be accorded a reasonable interpretation in giving legal effect to its language and provisions. *Aetna Life Insurance Co.*v. *Spencer,*182 Ark. 496, 32 S.W. 2d 310 (1930). In the case at bar, we cannot say the trial court’s interpretation is unreasonable nor that the court’s finding is unsupported by substantial evidence.

Affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

GREGORY DUNBAR,

Appellant

v.

THERON R. PEREZ, CHIEF COUNSEL, AND JOHN E. WETZEL, SECRETARY FOR PA. DEPT. OF CORRECTIONS, AND KERI MOORE, CHIEF GRIEVANCE OFFICER,

Appellees :

:

:

:

:

:

:

:

:

:

:

:

:

:

: No. 37 MAP 2019

Appeal from the Order of the

Commonwealth Court at No. 726 MD

2018 dated 1/10/19

ORDER

PER CURIAM DECIDED: October 3 1 , 2019

AND NOW , this 31st day of October, 2019

, the Order of the Commonwealth Court

is AFFIRMED.
```

[House Report 106-941]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-941

======================================================================

 
WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY H.R. 
  4475, THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
  APPROPRIATIONS, 2001

                                _______
                                

  October 5, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Reynolds, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 612]

    The Committee on Rules, having had under consideration 
House Resolution 612, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution waives all points of order against the 
conference report to accompany H.R. 4475, the Department of 
Transportation and Related Agencies Appropriations Act, 2001, 
and against its consideration. The conference report shall be 
considered as read. Finally, House Resolutions 586, 592, 595, 
599 and 600 are laid on the table.

                                  

```
<PAGE>   1
                                                                    EXHIBIT 23.1

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We have issued our report dated August 18, 2000, accompanying the consolidated
financial statements included in the Annual Report of Max Internet
Communications, Inc. on Form 10-KSB for the year ended June 30, 2000.  We hereby
consent to the incorporation by reference of said report in the Registration
Statements of Max Internet Communications, Inc. on Forms S-3 (No. 333-31392,
filed March 1, 2000 and No. 333-39806, filed June 21, 2000) and on Form S-8
(No. 333-95287, filed January 24, 2000).



GRANT THORNTON LLP

Dallas, Texas
September 27, 2000
#### § 161.11 Identification of land uses in airport noise study area.

For the purposes of this part, uses of land that are normally compatible or noncompatible with various noise-exposure levels to individuals around airports must be identified in accordance with the criteria prescribed under appendix A of 14 CFR part 150. Determination of land use must be based on professional planning, zoning, and building and site design information and expertise.
EXHIBIT 32.1

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER					PURSUANT TO 18 U.S.C. SECTION 1350					AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I hereby certify that, to my knowledge, the quarterly report on Form 10-QSB (the "Report") of ANTs software inc., a Delaware corporation (the "Company"), for the quarter ended September 30, 2003:

> 
1. fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and				2. the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: November 13, 2003          By:        /s/ Francis K. Ruotolo			                                                               Francis K. Ruotolo, Chairman and			                                                               Chief Executive Officer

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company, and will be retained by the Company, and furnished to the Securities and Exchange Commission upon request.
§ 151.33 Cosponsorship and agency. ( a ) Any two or more public agencies that desire to participate either in accomplishing development under a project or in maintaining or operating the airport, may cosponsor it if they meet the requirements of subparts B and C, including— ( 1 ) The eligibility requirements of § 151.37; and
( 2 ) The submission of a single project application, executed by each sponsor, clearly stating the certifications, representations, warranties, and obligations made or assumed by each, or a separate application by each that does not meet all the requirements of subparts B and C if in the Administrator's opinion, the applications collectively meet the requirements of subparts B and C as applied to a project with a single sponsor.
( b ) A public agency that desires to participate in a project only by contributing funds to a sponsor need not become a sponsor or an agent of the sponsor, as provided in this section. However, any funds that it contributes are considered as funds of the sponsor for the purposes of the Federal Airport Act and this part.
( c ) If the sponsors of a joint project are not each willing to assume, jointly and severally, the obligations that subparts B and C requires a sponsor to assume, they must send a true copy of an agreement between them, satisfactory to the Administrator, to be incorporated into the grant agreement. Each agreement must state— ( 1 ) The responsibilities of each sponsor to the others with respect to accomplishing the proposed development and operating and maintaining the airport;
( 2 ) The obligations that each will assume to the United States; and
( 3 ) The name of the sponsor or sponsors who will accept, receipt for, and disburse grant payments. If an offer is made to the sponsors of a joint project, as provided in § 151.29, it contains a specific condition that it is made in accordance with the agreement between the sponsors (and the agreement is incorporated therein by reference) and that, by accepting the offer, each sponsor assumes only its respective obligations as set forth in the agreement.
( d ) A public agency may, if it is authorized by local law, act as agent of the public agency that is to own and operate the airport, with or without participating financially and without becoming a sponsor. The terms and conditions of the agency and the agent's authority to act for the sponsor must be set forth in an agency agreement that is satisfactory to the Administrator. The sponsor must submit a true copy of the agreement with the project application. Such an agent may accept, on behalf of the sponsor, an offer made under § 151.29, only if that acceptance has been specifically and legally authorized by the sponsor's governing body and the authority is specifically set forth in the agency agreement.
( e ) When the cosponsors of an airport are not located in the same area, they must submit a joint request to the Area Manager of the area in which the airport development will be located.
[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-8, 30 FR 8040, June 23, 1965; Amdt. 151-11, 31 FR 6686, May 5, 1966]
§ 121.701 Maintenance log: Aircraft. ( a ) Each person who takes action in the case of a reported or observed failure or malfunction of an airframe, engine, propeller, or appliance that is critical to the safety of flight shall make, or have made, a record of that action in the airplane's maintenance log.
( b ) Each certificate holder shall have an approved procedure for keeping adequate copies of the record required in paragraph (a) of this section in the airplane in a place readily accessible to each flight crewmember and shall put that procedure in the certificate holder's manual.
#### § 125.139 Oil system drains.

Accessible drains incorporating either a manual or automatic means for positive locking in the closed position must be provided to allow safe drainage of the entire oil system.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5

<S>                         <C>
<PERIOD-TYPE>               6-MOS
<FISCAL-YEAR-END>                           DEC-31-2000
<PERIOD-END>                                JUN-30-2000
<CASH>                                      $ 7,567,750
<SECURITIES>                                          0
<RECEIVABLES>                                   665,958
<ALLOWANCES>                                          0
<INVENTORY>                                           0
<CURRENT ASSETS>                              8,281,566
<PP&E>                                        3,773,329
<DEPRECIATION>                                1,594,881
<TOTAL-ASSETS>                               10,460,014
<CURRENT-LIABILITIES>                           457,732
<BONDS>                                               0
<COMMON>                                     13,631,263
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<OTHER-SE>                                   (4,426,163)
<TOTAL-LIABILITY-AND-EQUITY>                 10,460,014
<SALES>                                               0
<TOTAL-REVENUES>                                      0
<CGS>                                                 0
<TOTAL-COSTS>                                         0
<OTHER-EXPENSES>                                      0
<LOSS-PROVISION>                                      0
<INTEREST EXPENSE>                                    0
<INCOME-PRETAX>                                       0
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                                   0
<DISCONTINUED>                                  (52,780)
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                    (52,780)
<EPS-BASIC>                                       (0.01)
<EPS-DILUTED>                                     (0.01)


</TABLE>
Presidential Documents

Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Presidential Documents 24852

Presidential Determination No. 2000–19 of April 21, 2000

Waiver and Certification of Statutory Provisions Regarding

the Palestine Liberation Organization

Memorandum for the Secretary of State

Pursuant to the authority vested in me under section 538(d) of the Foreign

Operations, Export Financing, and Related Programs Appropriations Act,

2000, as contained in the Consolidated Appropriations Act for Fiscal Year

2000 (Public Law 106–113), I hereby determine and certify that it is important

to the national security interests of the United States to waive the provisions

of section 1003 of the Anti-Terrorism Act of 1987, Public Law 100–204.

This waiver shall be effective for a period of 6 months from the date

of this memorandum. You are hereby authorized and directed to transmit

this determination to the Congress and to publish it in the 

œ–

Federal Register.

THE WHITE HOUSE,

Washington, April 21, 2000.

[FR Doc. 00–10708

Filed 4–26–00; 8:45 am]

Billing code 4710–10–M
§ 151.29 Procedures: Offer, amendment, and acceptance. ( a ) Upon approving a project, the Administrator makes an offer to the sponsor to pay the United States share of the allowable project costs. The offer states a definite amount as the maximum obligation of the United States, and is subject to change or withdrawal by the Administrator, in his discretion, at any time before it is accepted.
( b ) If, before the sponsor accepts the offer, it is determined that the maximum obligation of the United States stated in the offer is not enough to pay the United States share of the allowable project costs, the sponsor may request an increase in the amount in the offer, through the Area Manager.
( c ) An official of the sponsor must accept the offer for the sponsor within the time prescribed in the offer, and in the required number of counterparts, by signing it in the space provided. The signing official must have been authorized to sign the acceptance by a resolution or ordinance adopted by the sponsor's governing body. The resolution or ordinance must, as appropriate under the local law— ( 1 ) Set forth the terms of the offer at length; or
( 2 ) Have a copy of the offer attached to the resolution or ordinance and incorporated into it by reference.
The sponsor must attach a certified copy of the resolution to each executed copy of an accepted offer or grant agreement that it is required to send to the Area Manager.
§ 121.406 Credit for previous CRM/DRM training. ( a ) For flightcrew members, the Administrator may credit CRM training received before March 19, 1998 toward all or part of the initial ground CRM training required by § 121.419.
( b ) For flight attendants, the Administrator may credit CRM training received before March 19, 1999 toward all or part of the initial ground CRM training required by § 121.421.
( c ) For aircraft dispatchers, the Administrator may credit CRM training received before March 19, 1999 toward all or part of the initial ground CRM training required by § 121.422.
( d ) In granting credit for initial ground CRM or DRM training, the Administrator considers training aids, devices, methods, and procedures used by the certificate holder in a voluntary CRM or DRM program or in an AQP program that effectively meets the quality of an approved CRM or DRM initial ground training program under section 121.419, 121.421, or 121.422 as appropriate.
[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995]
THOMAS L. ADAMS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2356

_____________________________/

Opinion filed November 3, 2016.

An appeal from an order of the Circuit Court for Clay County.

Don H. Lester, Judge.

Thomas L. Adams, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Michael McDermott, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS, C.J., JAY and WINSOR, JJ., CONCUR.
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<PAGE>   1
                                                                     EXHIBIT 4.9


                            SUBORDINATION AGREEMENT

         WHEREAS, WEDGE Energy Services, L.L.C., a Delaware limited liability
company ("WEDGE") intends to lend South Texas Drilling & Exploration, Inc.
("SOTX") the sum of $9,000,000.00 evidenced by a Subordinated Note of even date
herewith (the "Subordinated Note"); and

         WHEREAS, the Frost National Bank ("Bank") intends to enter into a Loan
Agreement, of even date herewith (the "Loan Agreement"), under which Pioneer
Drilling Co., Ltd. ("Pioneer", which is a partnership comprised of entities
which are wholly owned by SOTX) intends to borrow up to $12,000,000.00,
evidenced by one or more notes issued under the Loan Agreement (the "Notes")
which Notes are to be secured by certain of the assets of Pioneer pursuant to a
Security Agreement of even date herewith (the "Security Agreement"). The Loan
Agreement, Notes and Security Agreement and any renewals and extensions thereof,
are collectively referred to herein as the "Frost Superior Indebtedness"); and

         WHEREAS, WEDGE has agreed to subordinate the Subordinated Note and any
renewals and extensions thereof (the "Inferior Indebtedness") to the Superior
Indebtedness:

         NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that WEDGE, in
consideration of the premises, and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which consideration is hereby acknowledged, HAS COVENANTED AND
AGREED, and does hereby COVENANT AND AGREE, that the Inferior Indebtedness shall
be, and the same is hereby made subject and inferior to the Superior
Indebtedness.

         WEDGE further agrees that it will not receive, collect or seek to
collect any amount owing under the Inferior Indebtedness until all of the
Superior Indebtedness is paid in full. WEDGE further agrees to take all action
necessary to convert the Inferior Indebtedness into equity in SOTX as soon as
shareholder approval has been obtained.

         IN WITNESS WHEREOF, this instrument has been executed by WEDGE
effective the 30th day of March, 2001.

                                    WEDGE ENERGY SERVICES, L.L.C.


                                    By:  /s/   James M. Tidwell
                                       -----------------------------------------
                                               James M. Tidwell, Vice President


                                      -1-
§ 151.80 Runway paving: Additional runway; other conditions. Paving an additional runway on an airport that does not qualify for a second runway under § 151.79 is eligible if the Administrator, upon consideration on a case-to-case basis, is satisfied that— ( a ) The volume of traffic justifies an additional paved runway and the layout and orientation of the additional runway will expedite traffic; or
( b ) A combination of traffic volume and aircraft noise problems justifies an additional paved runway for that airport.
[Amdt. 151-17, 31 FR 16525, Dec. 28, 1966]
§ 23.2230 Limit and ultimate loads. The applicant must determine— ( a ) The limit loads, which are equal to the structural design loads unless otherwise specified elsewhere in this part; and
( b ) The ultimate loads, which are equal to the limit loads multiplied by a 1.5 factor of safety unless otherwise specified elsewhere in this part.
###### Editorial Note on Part 21

#### Editorial Notes:

1. For miscellaneous amendments to cross references in this 21 see Amdt. 21-10, 31 FR 9211, July 6, 1966.

2. Nomenclature changes to part 21 appear at 74 FR 53384, Oct. 16, 2009.

#### § 21.130 Statement of conformity.

Each holder or licensee of a type certificate who manufactures a product under this subpart must provide, in a form and manner acceptable to the FAA, a statement that the product for which the type certificate has been issued conforms to its type certificate and is in a condition for safe operation.

[Doc. No. FAA-2006-25877, Amdt. 21-92, 74 FR 53387, Oct. 16, 2009]
Exhibit 10.7



Summary Sheet of Note Extension

with Robert Baratta



On July 14, 2008, the Board of Directors authorized extending the $772,870 promissory note (the Note) held by Mr. Robert Baratta.  Mr. Baratta was paid $100,000 in principal and $15,510 in interest and the remaining $672,870 of principal owed will be paid in equal quarterly increments over one year beginning October 13, 2008.  The Note shall accrue interest at the prime rate of Northern Trust Company plus 3% per annum and a penalty of $500 for each 10 days in which the Note is in default.  In consideration for the extension, Mr. Baratta received an extension fee of $12,500 in cash and $12,500 in Ecosphere common stock.  In the event that Ecosphere raises net proceeds in a financing of at least five times the then outstanding principal balance of the Note, the outstanding principal balance will be paid in full from the proceeds of such financing.