alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Jennifer McGough Russell, as * From the 3 9 th District Court

Trustee of the Jennifer McGough of Stonewall County,

Russell Trust and as Co

- Trustee Trial Court No. 4676

o f the Bobby Frank McGough Trust,

Vs. No. 11

- 1 9

- 00 270

- C V * August 12 , 20 2 1

John Michael McGough, as * Memorandum Opinion by Trotter , J.

Trustee of the John Michael McGough (P anel consists of: Trotter , J.,

Trust and as Co

- Trustee of the Williams , J. , and W right

, S.C. J.

Bobby Frank McGough Trust, sitting by assignment)

(Bailey, C.J., not participating)

This court has inspected the record in this cause and concludes that there is no

error in the order below. Therefore, in accordance with this court ’ s opi nion, the

order of the tr ia l court is in all things affirmed. The costs incurred by reason of

this appeal are taxed against Jennifer McGough Russell, as Trustee of the Jennifer

McGough Russell Trust and as Co

- Trustee of the Bobby Frank McGough Trust.
[S. F. No. 1861.

Department Two.

December 14, 1901.]

#### MORRIS WINDT, Respondent, v. JAMES GILLERAN and ANNIE GILLERAN, Appellants. MAX HEYMANN, Respondent.

Foreclosure op Mortgage—Second Mortgage—Cross-Complaint— Maturity at Judgment—Application op Proceeds.—In an action to foreclose a mortgage, where a second mortgagee, made a party, set up his mortgage, by way of cross-complaint, which was not then mature, but became due before judgment was entered, the decree of foreclosure and sale may direct the proceeds of sale to be applied, first, to pay the amount found due to the plaintiff, with costs, and the residue to pay the amount found due upon the second mortgage.

Id.—Allowance op Costs and Counsel Fees to Second Mortgagee.— The court properly allowed costs and counsel fees to the second mortgagee in such case.

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Edward A. Belcher, Judge.

The facts are stated in the opinion.

*95John H. Durst, for Appellants.

Lucius L. Solomons, for Max Heymann, Respondent.

Wallace A. Wise, for Morris Windt, Respondent.

COOPER, C.

This action was brought to foreclose a mortgage made by appellants to plaintiff. The respondent Heymann held a second mortgage upon the premises, and set up such second mortgage in his cross-complaint. The trial resulted in a decree of foreclosure and order of sale, directing the application of the proceeds,—1. To the payment of the amount found to be due plaintiff, with costs; and 2. To the payment of the amount found to be due respondent Heymann upon the note and mortgage set forth in his cross-complaint.

Judgment was accordingly entered. This appeal is from the judgment upon the judgment-roll alone.

It is argued by appellants that the demurrer to the cross-complaint should have been sustained, and that the court erred in directing a sale of the premises, for the purpose of paying the amount found due Heymann upon the note and mortgage described in the cross-complaint. This argument is based upon the fact that the note set up in the cross-complaint was not due at the time the cross-complaint was filed. It became due on the sixteenth day of November, 1898, after the cross-complaint was filed and before judgment was entered. The judgment and decree were made and entered, December 13, 1898. In such ease the court followed the correct rule, as has been frequently decided by this court. *(Orange Growers’ Bank et al.*v. *Duncan,*133 Cal. 254, and cases cited.) It therefore follows that the court correctly allowed costs and counsel fees to defendant Heymann. The appeal is from the whole of the judgment, and no suggestion is even made that the judgment was not correct as to plaintiff.

We advise that the judgment be affirmed.

Haynes, C., and Gray, C., concurred.

For the reasons given in the foregoing opinion the judgment is affirmed. McFarland, J., Temple, J., Henshaw, J.
Exhibit 10.2

                   Written Description of Loan by Slav Serghei

On  October  17,  2014,  he loaned the  Company  $5,000 of the  $25,000,  and on
December  14,  2014,  he loaned the Company an  additional  $3,450.  The loan is
unsecured, non-interest bearing, non-convertible and due on demand
#### Gary Thomas et al., Appellants, v Elmont Union Free School District, Respondent.

[697 NYS2d 526]

—In an action to *387recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Levitt, J.), entered July 9, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff’s own testimony was sufficient to establish the defendant’s prima facie case that it did not violate any duty of supervision it owed to him *(see generally, Mirand v City of New York,*84 NY2d 44, 49; *Gattyan v Scarsdale Union Free School Dist. No. 1,*152 AD2d 650). The burden therefore shifted to the plaintiffs to show the existence of a triable factual issue on this matter. Since they failed to do so, the Supreme Court properly granted summary judgment to the defendant *(see generally, Alvarez v Prospect Hosp.,*68 NY2d 320).

The plaintiffs’ remaining contentions are without merit. Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.
Exhibit 4.1


 




	
  

  	
  COMMON
  INCORPORATED UNDER THE LAWS OF THE STATE OF MARYLAND SEE REVERSE SIDE FOR
  CERTAIN DEFINITIONS CUSIP 20369C 10 6 THIS CERTIFIES THAT is the owner of
  FULLY PAID AND NON-ASSESSABLE COMMON SHARES, $0.01 PAR VALUE, OF COMMUNITY
  HEALTHCARE TRUST INCORPORATED transferable on the books of the Corporation by
  the holder hereof in person or by Attorney upon surrender of this certificate
  properly endorsed. This certificate is not valid until countersigned and
  registered by the Transfer Agent and Registrar. IN WITNESS WHEREOF, the said
  Corporation has caused this certificate to be signed by facsimile signatures
  of its duly authorized officers. Dated: SECRETARY PRESIDENT AMERICAN
  FINANCIAL PRINTING INCORPORATED – MINNEAPOLIS COUNTERSIGNED AND REGISTERED:
  AMERICAN STOCK TRANSFER & TRUST COMPANY (Brooklyn, New York) TRANSFER
  AGENT AND REGISTRAR BY AUTHORIZED SIGNATURE 

  






 












	
  

  	
  The following
  abbreviations, when used in the inscription on the face of this certificate,
  shall be construed as though they were written out in full according to
  applicable laws or regulations: TEN COM – as tenants in common UTMA –
  ____________ Custodian ____________ (Cust) (Minor) TEN ENT – as tenants by
  entireties under Uniform Transfers to Minors JT TEN – as joint tenants with
  right of survivorship Act ________________________________ and not as tenants
  in common (State) Additional abbreviations may also be used though not in the
  above list. For value received _____ hereby sell, assign, and transfer unto
  (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF
  ASSIGNEE) Shares of the capital stock represented by the within Certificate, and
  do hereby irrevocably constitute and appoint Attorney to transfer the said
  stock on the books of the within-named Corporation with full power of
  substitution in the premises. Dated ________________ NOTICE: THE SIGNATURE TO
  THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE
  CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY
  CHANGE WHATEVER. SIGNATURE GUARANTEED ALL GUARANTEES MUST BE MADE BY A
  FINANCIAL INSTITUTION (SUCH AS A BANK OR BROKER) WHICH IS A PARTICIPANT IN
  THE SECURITIES TRANSFER AGENTS MEDALLION PROGRAM (“STAMP”), THE NEW YORK
  STOCK EXCHANGE, INC. MEDALLION SIGNATURE PROGRAM (“MSP”), OR THE STOCK
  EXCHANGES MEDALLION PROGRAM (“SEMP”) AND MUST NOT BE DATED. GUARANTEES BY A
  NOTARY PUBLIC ARE NOT ACCEPTABLE. PLEASE INSERT SOCIAL SECURITY OR OTHER
  IDENTIFYING NUMBER OF ASSIGNEE
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 6- 14 30

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Dav idE. Zand ers , Jr. ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el la nt
v. U.S. Ban k ll ll ll ll ll ll ll ll ll ll l Defe nd

an t - Ap pe ll ee Ch ris Tig gs , in hi s o ffi ci al an d i nd iv idua l capa ci ty as US Ban k B ran ch Man ag er; Ang el a Imm in g, i n h er o ffi ci al an d i nd iv idua l capa ci ty as US Ban k Di st ric t Man ag er; Mi ke Hela k, i n h is off ic ia l an d i nd iv idua l capa ci ty as US Ban k Di st ric t Pres id en t; Ro b Dap pe r, inhi s o ffi ci al an d i nd iv idua l capa ci ty as Hum an Res ou rce Vice Pres id en t; Ren ee M cCa rg ar, i n h er o ffi ci al an d i nd iv idua l capa ci ty as Hum an Res ou rce R ep res en ta ti ve ll ll ll ll ll ll ll ll ll ll l Defe nd

an t s

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co urt fo r th e So ut he rnDis tri ctof I owa- Des M oi ne s

__ __ __ __ __ __ Subm it te d: Jan ua ry

4, 2 01 7 Fi le d: Jan ua ry

9, 2 01 7 [Unpubl is he d]

__ __ __ __ __ __ Befo re SHEPHERD, ARNOLD, andKELLY , Cir cu itJu dg es .

__ __ __ __ __ __PER CURI AM.

Dav id Zan de rs ap pe al s th e di st ric t co urt’s adve rs e gr an t of su m m ary jud gm en t 1 in hi s em pl oym en t-d is cri m in at io n act io n br ou gh t un de r Tit le VII of th e Ci vi l Ri gh ts Act of 19 64 , 4 2 U.S.C. § 20 00 e, et se q., an d th e Io wa Ci vi l R i g h t s Act, Io wa Co de Ann
. § 21 6.1 , et se q. Afte r care fu l de n o v o r e v i e w , w e fin d no erro r in th e di st ric t co urt’s d eci si on . Accor di ng ly, we affi rm . See 8 th Cir . R. 47 B.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

The Hon or ab le St ep ha ni e M. Ro se , Uni te d S t a te s Dis tri ct Ju dg e fo r th e 1 So ut he rnDis tri ctof I owa . -2
-
§ 2570.153 Parties. For section 3(40) Finding Proceedings, this section shall apply instead of 29 CFR 18.10. ( a ) The term “party” with respect to a Section 3(40) Finding Proceeding means the petitioner and the respondents.
( b ) States not named in the petition may participate as parties in a Section 3(40) Finding Proceeding by notifying the OALJ and the other parties in writing prior to the date for filing a response to the petition. After the date for service of responses to the petition, a state not named in the petition may intervene as a party only with the consent of all parties or as otherwise ordered by the ALJ.
( c ) The Secretary of Labor shall be named as a “respondent” to all actions.
( d ) The failure of any party to comply with any order of the ALJ may, at the discretion of the ALJ, result in the denial of the opportunity to present evidence in the proceeding.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4883 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4883

 To direct the Secretary of Veterans Affairs to provide certain notice 
 to a person filing a claim against the Department of Veterans Affairs 
    for damage, injury, or death on Standard Form 95, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2020

 Mr. Blumenthal (for himself and Mr. Tillis) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of Veterans Affairs to provide certain notice 
 to a person filing a claim against the Department of Veterans Affairs 
    for damage, injury, or death on Standard Form 95, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brian Tally VA Employment 
Transparency Act of 2020''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT TO PROVIDE CERTAIN 
              NOTICE TO PERSONS FILING CLAIMS FOR DAMAGE, INJURY, OR 
              DEATH ON STANDARD FORM 95.

    Not later than 30 days after the date on which a person submits to 
the Secretary of Veterans Affairs a claim for damage, injury, or death 
on Standard Form 95, or any successor form, the Secretary shall provide 
to the claimant notice of each of the following:
            (1) The importance of obtaining legal advice, including a 
        recommendation that the claimant should secure legal counsel.
            (2) The employment status of any individual listed on the 
        form.
            (3) If the claim involves a contractor that entered into an 
        agreement with the Secretary, the importance of obtaining legal 
        advice as to the statute of limitations regarding the claim in 
        the State in which the claim arose.
                                 <all>
```
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JAVIER RAMIREZ-PACHECO, a.k.a.

Javier Pacheco Ramirez,

 Defendant - Appellant.

No. 13-10629

D.C. No. 2:13-cr-00876-DGC

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Mark W. Bennett, District Judge, Presiding** 

Submitted September 23, 2014*** 

Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.

Javier Ramirez-Pacheco appeals from the district court’s judgment and

challenges his guilty-plea conviction and 46-month sentence for reentry of a

FILED

OCT 6 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The Honorable Mark W. Bennett, United States District Judge for the

Northern District of Iowa, sitting by designation.

 *** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,

386 U.S. 738 (1967), Ramirez-Pacheco’s counsel has filed a brief stating that there

are no grounds for relief, along with a motion to withdraw as counsel of record. 

We have provided Ramirez-Pacheco the opportunity to file a pro se supplemental

brief. No pro se supplemental brief or answering brief has been filed.

Ramirez-Pacheco has waived his right to appeal his conviction and sentence. 

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80

(1988), discloses no arguable issue as to the validity of the waiver. See United

States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss

the appeal. See id. at 988.

Counsel’s motion to withdraw is GRANTED. 

DISMISSED.

2 13-10629
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 12 Referred in House (RFH)]

  1st Session
S. CON. RES. 12

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2007

              Referred to the Committee on Armed Services

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Supporting the goals and ideals of a National Medal of Honor Day to 
   mark the significance and importance of the Medal of Honor and to 
    celebrate and honor the recipients of the Medal of Honor on the 
         anniversary of the first award of that medal in 1863.

Whereas the Medal of Honor, the highest award for valor in action against an 
        enemy force that can be bestowed to a member of the Armed Forces, is 
        awarded by the President, in the name of Congress, to individuals who 
        have distinguished themselves conspicuously by gallantry and intrepidity 
        at the risk of their lives above and beyond the call of duty;
Whereas the United States will forever be in debt to the recipients of the Medal 
        of Honor for their bravery and sacrifice in times of war or armed 
        conflict;
Whereas the first Medal of Honor awards were presented to 6 men on March 25, 
        1863, by the Secretary of War;
Whereas only 3,443 individuals out of the millions of men and women who have 
        served the United States in war, military operations, or other armed 
        conflicts have been awarded the Medal of Honor;
Whereas there are 111 living recipients of the Medal of Honor, as of January 1, 
        2007;
Whereas it is appropriate to commemorate and honor the recipients of the Medal 
        of Honor and what they represent;
Whereas the people of the United States should always be aware of the 
        significance and meaning of the Medal of Honor;
Whereas the designation of a National Medal of Honor Day would focus the efforts 
        of national, State, and local organizations striving to foster public 
        appreciation and recognition of Medal of Honor recipients; and
Whereas March 25, 2007, would be an appropriate date to observe National Medal 
        of Honor Day: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) recognizes the heroism and sacrifice of Medal of Honor 
        recipients;
            (2) recognizes the educational opportunity that a National 
        Medal of Honor Day would present to the people of the United 
        States; and
            (3) supports the goals and ideals of a National Medal of 
        Honor Day to celebrate and honor the contributions of Medal of 
        Honor recipients.

            Passed the Senate February 15, 2007.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.
```
§ 91.815 Agricultural and fire fighting airplanes: Noise operating limitations. ( a ) This section applies to propeller-driven, small airplanes having standard airworthiness certificates that are designed for “agricultural aircraft operations” (as defined in § 137.3 of this chapter, as effective on January 1, 1966) or for dispensing fire fighting materials.
( b ) If the Airplane Flight Manual, or other approved manual material information, markings, or placards for the airplane indicate that the airplane has not been shown to comply with the noise limits under part 36 of this chapter, no person may operate that airplane, except— ( 1 ) To the extent necessary to accomplish the work activity directly associated with the purpose for which it is designed;
( 2 ) To provide flight crewmember training in the special purpose operation for which the airplane is designed; and
( 3 ) To conduct “nondispensing aerial work operations” in accordance with the requirements under § 137.29(c) of this chapter.
2600

2600

2600

2650

2600

2600

2600

2600

2650

2550

2650

2600

2650

2550

2650

2600

2500

2600

2600

2600

2600

2650

2600

2550

2550

2650

2550

2650

2650

2600

2600

2600

2650

2600

2600

2650

2600

2600

2600

2600

2650

2650

2500

2550

2650

2600

2550

2550

2550

2650

2650

2600

2550

2550

2600

2600

2650

2550

2550

2600

2500

2500

2550

2500

2600

¬«23

¬«23

¬«23

¬«98 ¬«98 ¬«98

¬«23

23 RD

20 RD

20 RD

22 RD

A RD

23 RD

D RD

B RD

22 RD

E RD

22 R

C RD D

E RD

23 RD 23 RD

17 RD

17 RD

19 RD

20 RD

21 RD

KK RD

F RD

D RD

C RD

H RD H RD H RD 22 RD

J J RD J J RD

23 RD

20 RD

J J RD

21 RD

D RD D RD

F RD

21 RD

22 RD

E RD

F RD

B RD

E RD

A RD

F RD

MEADE CO

GRAY CO

MEADE CO

GRAY CO

Crooked Cr

Crooked Cr

Crooked Cr

Crooked Cr

Crooked Cr

Crooked Cr

Montezuma Ensign

SW

Missler Meade

Meade

NE

Meade

NW Fowler

Fowler

SW

Montezuma

SE

30'

3

41

41

000m

FEET

20'

37°

41

3 80 3

41

46

FEET

41

3

41

41

3 3

41

41

3 3

30"

000

15'

20'

37°

49

81

49

48

82

3

42

48

89

37°

41

3

41

3

41

41

3 37°

30"

50

86 88

1

770

41

30'

80 81

43

47

38

44

41

41

15'

87

83 87

41

3

000m

3

3

41

41

41

84

580

30"

17'

30"

100°

100° 30"

000

25'

27'

1

E

45

86

22'

22'

30"

27'

E 000

39

88

41

41

41

3

FEET

17'

25'

100°

85

45

22'

620 51

84

43

3

41

000m

41

40

89

N

41

FEET

41

3 22'

44

46

38

47

30"

50

40

N

41

000m

39

3 100°

30 3 "

800

83 85

79

000

U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

KANSAS

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

MEADE NE, KS

2012

Interstate Route State Route

ROAD CLASSIFICATION

Ramp 4WD

US Route Local Road

WX Interstate Route /. US Route H State Route

MEADE NE QUADRANGLE

KANSAS

7.5-MINUTE SERIES

This map was produced to conform with the

National Geospatial Program US Topo Product Standard, 2011.

A metadata file associated with this product is draft version 0.6.4

CONTOUR INTERVAL 10 FEET

NORTH AMERICAN VERTICAL DATUM OF 1988

SCALE 1:24 000

1 0.5 0

MILES

1

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

1000 500 0 METERS 1000 2000

1 0.5 0 KILOMETERS 1 2

Imagery......................................................NAIP, July 2010

Roads................................................©2006-2011 TomTom

Names...............................................................GNIS, 2012

Hydrography.................National Hydrography Dataset, 2010

Contours.............................National Elevation Dataset, 2012

Boundaries..............Census, IBWC, IBC, USGS, 1972 - 2012

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator, Zone 14S

Produced by the United States Geological Survey

10 000-foot ticks: Kansas Coordinate System of 1983 (south

zone)

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

LG

14S

×

Ù

MN

GN

UTM GRID AND 2012 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET

0° 48 ́

14 MILS

6° 5 ́

108 MILS
§ 1917.95 Other protective measures. ( a ) *Protective clothing.* ( 1 ) Employees performing work that requires special protective clothing shall be directed by the employer to wear the necessary special protective clothing.
( 2 ) When necessary, protective clothing previously worn shall be cleaned and disinfected before reissuance.
( b ) *Personal flotation devices* (*PFDs*). ( 1 ) The employer shall provide, and shall direct the wearing of PFDs for those employees, such as line handlers, who are engaged in work in which they may be pulled into the water: ( i ) When such employees are working in isolation, or
( ii ) Where physical limitations of available working space creates a hazard of falling into the water, or
( iii ) Where the work area is obstructed by cargo or other obstacles so as to prevent employees from obtaining safe footing for their work.
( 2 ) PFDs (life preservers, life jackets, or work vests) worn by each affected employee must be United States Coast Guard (USCG) approved pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and marked for use as a work vest, for commercial use, or for use on vessels.
( 3 ) Personal flotation devices shall be maintained in safe condition and shall be considered unserviceable when damaged so as to affect buoyancy or fastening capability.
( c ) *Emergency facilities.* When employees are exposed to hazardous substances which may require emergency bathing, eye washing or other facilities, the employer shall provide such facilities and maintain them in good working order.
[48 FR 30909, July 5, 1983, as amended at 62 FR 40201, July 25, 1997; 65 FR 40941, June 30, 2000]