alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
JACOB MERCER,

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. 1D16-3248

_____________________________/

Opinion filed November 3, 2016.

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

Mark J. Borello, Judge.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WOLF, RAY, and MAKAR, JJ., CONCUR.
#### HEISER, Trustee, etc v HEISER, et

Ohio Appeals, 1st Dist, Butler Co

No 445.

Decided Dec. 30, 1929

Williams, Sohngen, Fitton & Beeler, Hamilton, for Heiser, Trustee.

H. R. Reigert, Hamilton, for Heiser, et.

Alfred K. Nippert, Cincinnati, for certain heirs of Martin J. Brandt.

ROSS, J.

In the construction of any will the first controlling consideration is that the intention of the testator shall be given effect, if it is possible to ascertain the intention from the will.

It is our opinion that from the reading pf Item 9 that it is unnecessary to invoke the ordinary rules of construction applicable to a clause such as this, in that the language is plain and indicates an intention on the part of the testator to vest in Martin J. Brandt an estate of $6,000.00, although the custody of this estate was deferred. However, as the rules of construction applicable to clauses of the nature involved in the instant cause are wholly in accord with this conclusion, we call attention to these as follows:-

Testacy is to be given effect unless the manifest intention of the testator appear to the contrary. 28 R. C. L., p. 227. 40 Cyc., p. 1409.

The law favors the early vesting of an estate. 28 R. C. L., pages 231, 233. 40 Cyc., 1650.

Item 10 of the will is as follows:

> “I hereby direct my executor hereinafter named to pay over to my brother John E. Heiser, as trustee, the sum of six Thousand Dollars ($6,000.00). My said trustee is hereby diercted to invest said sum of Six Thousand Dollars (6,000.00) in such securities as he may deem best and to pay the net income thereof to my nephew Louis J. Sohngen, now residing at Richmond, Indiana, for a period of ten years after my death. / If my nephew Louis J. Sohngen survives the' ten year period above mentioned I direct my trustee to pay over *434to said Louis J. Sohngen all the securities in which said Six Thousand Dollars have been invested, should he not survive the ten year period above mentioned I direct my trustee to pay over the proceeds of said securities to my heirs then living, share and share alike.”

In this item the testator manifested a specific intention, that in the. case of his nephew Louis J. Sohngen failing to survive the" ten year period in which possession of the corpus of the estate was postponed, the bequest should then go to the heirs of the testator.

If any consideration is necessary to support the conclusion reached by us as to the intent of the testator in Item 9, it appears in the fact that the testator in Item 9 omited a provision which would have resulted in the effect claimed by those opposing the administrator of Martin J. Brandt, and which is present in Item 10.

It therefore being obvious that the testator intended to vest in Martin J. Brandt an estate of $6,000.00 upon the death of the testator, subject to the intervention of the trust, this conclusion being wholly in harmony with the rules of construction and supported by other portions of the will, it is our conclusion that a decree similar to that entered in the court of Common Pleas should be, and may be entered here, in favor of the administrator of Martin J. Brandt.

Cushing, PJ, and Hamilton, J, concur.
§ 2700.10 Motions. ( a ) An application for an order shall be by motion which, unless made during a hearing or a conference, shall be made in writing and shall set forth the relief or order sought.
( b ) Written motions shall be set forth in a document separate from other pleadings.
( c ) Prior to filing any motion other than a dispositive motion, the moving party shall confer or make reasonable efforts to confer with the other parties and shall state in the motion if any other party opposes or does not oppose the motion.
( d ) A statement in opposition to a written motion may be filed by any party within 8 days after service upon the party. Unless otherwise ordered, oral argument on motions will not be heard. Where circumstances warrant, a motion may be ruled upon prior to the expiration of the time for response; a party adversely affected by the ruling may seek reconsideration.
[58 FR 12164, Mar. 3, 1993, as amended at 64 FR 48713, Sept. 8, 1999; 71 FR 44207, Aug. 4, 2006]
EXHIBIT 10.19


August 6, 1997


Mr. Charles S. Brand
20 Meridian Road
Eatontown, NJ  07724

                  Re:  Indebtedness by LogiMetrics, Inc. to Charles S. Brand

Dear Mr. Brand:

It is hereby  acknowledged that as of the date hereof,  LogiMetrics,  Inc. (the 
"Company") is indebted to Charles S. Brand in the amount of $626,793.

For good and valuable  consideration,  the receipt and  sufficiency of which are
hereby mutually acknowledged,  it is hereby agreed that the Company will use its
best efforts,  in its discretion,  subject to the cash flow  requirements of the
Company, to repay up to $300,000 of such indebtedness on or before September 30,
1997.  Beginning  on  October  1, 1997,  all  unpaid  amounts  of the  foregoing
indebtedness  shall  become due and  payable in the amount of $50,000  per month
until repaid in full.

Very truly yours,

LOGIMETRICS, INC.

By:      /s/Norman M. Phipps
         ------------------------
Name:    Norman M. Phipps
Title:   President and Chief Operating Officer


                                                     ACKNOWLEDGED AND AGREED:


                                                     /s/Charles S. Brand
                                                     ---------------------------
                                                     Charles S. Brand
III 

110TH CONGRESS 

1ST SESSION S. CON. RES. 60 

Expressing the sense of Congress relating to negotiating a free trade 

agreement between the United States and Taiwan. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 18, 2007 

Mr. BAUCUS (for himself and Mr. KYL) submitted the following concurrent 

resolution; which was referred to the Committee on Finance 

CONCURRENT RESOLUTION 

Expressing the sense of Congress relating to negotiating 

a free trade agreement between the United States and 

Taiwan. 

Whereas for more than 50 years a close bilateral relationship 

has existed between the United States and Taiwan as evidenced by the Taiwan Relations Act; 

Whereas on January 1, 2002, Taiwan was admitted to the 

World Trade Organization, which has resulted in a reduction in duties for foreign goods and an increase in market 

access for foreign investment; 

Whereas a 2002 United States International Trade Commission report found that exports by some sectors of the 

United States economy would increase significantly if the 

United States entered into a free trade agreement with 

Taiwan; 


sroberts on PROD1PC70 with BILLS
2 

•SCON 60 IS 

Whereas bilateral trade between Taiwan and the United 

States was $57,000,000,000 in 2005 and 

$61,000,000,000 in 2006; 

Whereas Taiwan ranks as the 9th largest trading partner of 

the United States and the 11th largest export market for 

United States goods; 

Whereas Taiwan is the 6th largest market for United States 

agricultural products, the 3rd largest buyer of United 

States corn, the 4th largest buyer of United States soybeans, the 5th largest buyer of United States beef, and 

the 6th largest buyer of United States wheat; 

Whereas the United States is an important supplier of electrical machinery and appliances, aircraft, scientific instruments, and chemical products to Taiwan; 

Whereas increasing exports to large and commercially significant economies in Asia is a critical part of reducing the 

United States trade deficit; 

Whereas Taiwan, as a democracy and free market economy, 

shares with the United States principles and values that 

provide a strong foundation for open, fair, and mutually 

beneficial trade relations; and 

Whereas maintaining and strengthening a robust trade relationship with Taiwan is of economic significance to the 

United States: Now, therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That it is the sense of Congress that the 

3 United States should increase trade opportunities with 


sroberts on PROD1PC70 with BILLS
3 

•SCON 60 IS 

1 Taiwan and should launch negotiations for a free trade 

2 agreement with Taiwan. 

Æ 


sroberts on PROD1PC70 with BILLS
```

[Federal Register: March 25, 2010 (Volume 75, Number 57)]
[Notices]               
[Page 14429]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr10-44]                         

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION

 
Sunshine Act Meeting

Time and Date:  11 a.m., Friday, April 9, 2010.

Place:  1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status:  Closed.

Matters to be Considered:  Surveillance Matters.

Contact Person for More Information:  Sauntia S. Warfield, 202-418-
5084.

Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2010-6714 Filed 3-23-10; 11:15 am]
BILLING CODE 6351-01-P
```
II 

110TH CONGRESS 

1ST SESSION S. 994 

To amend title 38, United States Code, to eliminate the deductible and 

change the method of determining the mileage reimbursement rate under 

the beneficiary travel program administered by the Secretary of Veterans 

Affairs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2007 

Mr. TESTER (for himself and Mr. SALAZAR) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to eliminate the 

deductible and change the method of determining the 

mileage reimbursement rate under the beneficiary travel 

program administered by the Secretary of Veterans Affairs, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disabled Veterans 

5 Fairness Act’’. 

6 SEC. 2. VETERANS BENEFICIARY TRAVEL PROGRAM. 

7 (a) ELIMINATION OF DEDUCTIBLE.— 


hmoore on PROD1PC68 with HMBILLS
2 

•S 994 IS

1 (1) ELIMINATION.—Section 111 of title 38, 

2 United States Code, is amended by striking sub3 section (c). 

4 (2) CONFORMING AMENDMENT.—Subsection (b) 

5 of such section is amended by striking ‘‘Except as 

6 provided in subsection (c) of this section and not7 withstanding’’ and inserting ‘‘Notwithstanding’’. 

8 (b) DETERMINATION OF MILEAGE REIMBURSEMENT

9 RATE.— 

10 (1) DETERMINATION.—Paragraph (1) of sub11 section (g) of such section is amended to read as fol12 lows: 

13 ‘‘(1) In determining the amount of allowances or re14 imbursement to be paid under this section, the Secretary 

15 shall use the mileage reimbursement rates for the use of 

16 privately owned vehicles by Government employees on offi17 cial business, as prescribed by the Administrator of Gen18 eral Services under section 5707(b) of title 5.’’. 

19 (2) CONFORMING AMENDMENT.—Subsection (g) 

20 of such section is further amended by striking para21 graphs (3) and (4). 

22 (c) SOURCE OF FUNDS.—Such section is further 

23 amended by adding at the end the following new sub24 section: 


hmoore on PROD1PC68 with HMBILLS
3 

•S 994 IS

1 ‘‘(i) Amounts for payments under this section shall 

2 be derived from amounts appropriated or otherwise made 

3 available to the Department specifically for such pay4 ments.’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this Act shall apply with respect to travel expenses in7 curred after the expiration of the 90-day period that be8 gins on the date of the enactment of this Act. 

Æ 


hmoore on PROD1PC68 with HMBILLS
Exhibit
32.1





STATEMENT
FURNISHED PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY
ACT OF 2002, 18 U.S.C. SECTION 1350





In
connection with the Quarterly Report of Horizon Bancorporation, Inc. (the
“Company”) on Form 10-Q for the quarterly period ended March 31, 2010, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Charles S. Conoley, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 result of operations of the Company
      as of the dates and for the periods presented in the financial statements
      included in such Report.





/s/Charles
S. Conoley


President
and Chief Executive Officer


May 24,
2010
|   | October 20, 2009 |
|--------|------------------|

Mr. Gary Richardson

Mirage Licensing, Inc., 

16 Market Street, 

Northampton, Massachusetts 01060

 

|   | Re: Teenage Mutant Ninja Turtles |
|--------|----------------------------------|

 

Dear Gary:

 

This letter****shall set forth the agreement of 4Kids Entertainment, Inc. and its subsidiaries**,**4Kids Productions, Inc., 4Kids Entertainment Music, Inc. and 4Kids Entertainment Licensing, Inc.,****(collectively "4Kids") and****Mirage Licensing, Inc., and its affiliate Mirage Studios, Inc. (collectively "Mirage") with respect to various matters relating to the sale of the Teenage Mutant Ninja Turtles property ("Property") to MTV Networks, a division of Viacom International Inc. ("MTVN") and Viacom Overseas Holdings C.V. ("VOH" and together with "MTVN", "Purchasers") pursuant to an Asset Purchase Agreement ("APA") dated as of October 20, 2009. 

 

This letter agreement ("Letter Agreement") shall supplement the Termination, Assignment and Release Agreement (" Termination Agreement") dated as of the 20th day of October 2009, by and among Mirage, 4Kids and Purchasers.

 

|   | 1. Division of Playmates Royalties.  (a) Mirage and 4Kids hereby agree that the |
|--------|---------------------------------------------------------------------------------|

royalties due with respect to the domestic and international sales by Playmates Toys Inc. ("Playmates") of licensed products based on the Property (“Playmates Royalties”) shall be apportioned as follows: 

 

 (i)  The domestic Playmates Royalties paid by Playmates in respect of sales made in the US during the third quarter of 2009 shall be divided 50% to Mirage, 37.5% to 4Kids and 12.5% to Surge Licensing. 

 

 (ii)  The international Playmates Royalties paid by Playmates in respect of international sales made during the third quarter of 2009 shall be divided 44.44% to Mirage, 44.44% to 4Kids and 11.11% to Surge. 

 

 (iii) The domestic and international Playmates Royalties with respect to sales made during the fourth quarter of 2009 shall be divided 50% to Purchasers and 50% to Mirage.  Mirage shall then pay 4Kids’ 50% of the Mirage share of the domestic and international Playmates Royalties paid with respect to sales during the fourth quarter of 2009.

 

 (iv) The domestic and international Playmates Royalties with respect to sales made during the first and second quarter of 2010 shall be divided 50% to Purchasers and 50% to Mirage.  Mirage shall then pay 4Kids’ 20% of the Mirage share of the 

 

|   | 1 |
|--------|---|

 

 

 

----
§ 101.27 Investigation of petition; withdrawals and dismissals. ( a ) Upon receipt of the petition in the Regional Office, it is filed, docketed, and assigned to a member of the staff, usually a field examiner, for investigation. The field examiner conducts an investigation to ascertain: ( 1 ) Whether the employer's operations affect commerce within the meaning of the Act,
( 2 ) Whether there is in effect an agreement requiring as a condition of employment membership in a labor organization,
( 3 ) Whether the petitioner has been authorized by at least 30 percent of the employees to file such a petition, and
( 4 ) Whether an election would effectuate the policies of the Act by providing for a free expression of choice by the employees. The evidence of designation submitted by the petitioner, usually in the form of cards signed by individual employees authorizing the filing of such a petition, is checked to determine the proportion of employees who desire rescission.
( b ) The petitioner may on its own initiative request the withdrawal of the petition if the investigation discloses that an election is inappropriate, because, among other possible reasons, the petitioner's card-showing is insufficient to meet the 30-percent statutory requirement referred to in subsection (a) of this section.
( c ) For the same or similar reasons the Regional Director may request the petitioner to withdraw its petition. If the petitioner, despite the Regional Director's recommendation, refuses to withdraw the petition, the Regional Director then dismisses the petition, stating the grounds for his dismissal and informing the petitioner of the right of appeal to the Board in Washington, DC. The petitioner may within 14 days appeal from the Regional Director's dismissal by filing such request with the Board in Washington, DC. The request shall contain a complete statement setting forth the facts and reasons upon which the request is made. After a full review of the file with the assistance of its staff, the Board may sustain the dismissal, stating the grounds for its affirmance, or may direct the Regional Director to take further action.
Unassociated Document


     

    EXHIBIT
10.1b

     

    
      PROXY

      


      


      WHEREAS, Chi Lin Technology Co., Ltd.
("Chi Lin"), an entity of the Republic of China (Taiwan), doing business at No.
18, Sheng Li 1st Street, Jen Te Hsiang, Tainan County 71758, Taiwan, Republic of
China, is the owner of 6,043,704 shares (the "InMedica Shares") of restricted
common stock of InMedica Development Corporation, a Utah corporation
("InMedica"); and

      


      WHEREAS, Larry Clark and Richard
Bruggeman, former officers of InMedica, desire to acquire an irrevocable proxy
to be able to vote the InMedica Shares owned by Chi Lin in any vote or consent
of InMedica shareholders; and

      


      THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged:

      


      Chi Lin hereby appoints Larry Clark and
Richard Bruggeman, and any successors of them, with full power of substitution,
its proxy to vote the InMedica Shares for a period commencing with the date
hereof through and including January 8, 2010, at any shareholders' meeting or
any consent resolution of the shareholders of InMedica, without restriction
except any vote by the proxies must be unanimous. This Proxy is coupled with an
interest in that Clark and Bruggeman are creditors of InMedica and continue to
forebear collection of amounts owing to them based on, among other things, this
Proxy being granted to enhance their security for debts due to
them.  Mr. Clark and Bruggeman agree that they will be responsible to
report to the U.S. Securities and Exchange Commission any change in their
beneficial ownership in InMedica caused by this Proxy, pursuant to the
appropriate forms under Section 16A of the Securities Exchange Act of 1934 and
the Williams Act of the federal securities laws.

      


      Dated the 10th day of September,
2009.

      
        
          	 	 	 
	 	
                  CHI
      LIN TECHNOLOGY CO., LTD 

                
	 
 	
                    

                  
/s/ Yeou-Geng Hsu

                
	 	
                  
    
	 	Yeou-Geng Hsu, President
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Home                 > Browse by Title > Employer Expenditures for Selected Supplementary Remuneration Practices: Finance, Insurance, and Real Estate Industries, 1961

              																	Weintraub, Gerald D.					 and 	United States. Bureau of Labor Statistics. 						*Employer Expenditures for Selected Supplementary Remuneration Practices: Finance, Insurance, and Real Estate Industries, 1961 : Bulletin of the United States Bureau of Labor Statistics, No. 1419*,												Washington, D.C: 								G.P.O., 										September 1964,									https://fraser.stlouisfed.org/title/4718,			accessed on September 25, 2024.						    

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