alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted; Appeal Dismissed and Memorandum Opinion filed August 

19, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-01131-CV

LIQUIDATING MARKETING, LTD. F/K/A RAPID SETTLEMENTS, LTD, 

Appellant

V.

SETTLEMENT FUNDING, LLC D/B/A PEACHTREE SETTLEMENT 

FUNDING, Appellee

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2006-23366A

MEMORANDUM OPINION

This is an appeal from a judgment signed November 19, 2013. On August 

12, 2014, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. 

The motion is granted. 
2

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices McCally, Brown and Wise.
791 A.2d 1152

#### COMMONWEALTH of Pennsylvania, Respondent, v. Lindon Edward JOHNSON, Petitioner.

Supreme Court of Pennsylvania.

Feb. 26, 2002.

*ORDER*

PER CURIAM:

AND NOW, this 26th day of February, 2002, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issues:

1) Where Petitioner requests to withdraw his guilty plea before sentencing, clearly professes his innocence, and the underlying facts indicate a reasonable basis upon which Petitioner is not guilty as a matter of law, and the Commonwealth introduces no evidence of prejudice, does the trial court abuse its discretion and commit an error of law in refusing to allow Petitioner to withdraw his guilty plea?

2) Was the decision of the trial court denying Petitioner’s request to withdraw his guilty plea, which was made before sentencing, an error of law and’ an abuse of discretion directly contrary to the Pennsylvania Rules of Criminal Procedure and the Supreme Court’s decisions in *Commonwealth v. Forbes,*450 Pa. 185, 299 A.2d 268 (1973), and *Commonwealth v. Randolph,*553 Pa. 224, 718 A.2d 1242 (1998)?
----

Euro exchange rates (1)

 20 September 2004

(2004/C 234/01)

1 euro= 

----

(1)

Source: reference exchange rate published by the ECB.

----
Exhibit 4.1





 






    	 



    	 



    

 








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	 	UNIF GIFT MIN ACT -	 	Custodian	 
	TEN ENT 	-	 as tenants by the
    entireties	 	 	(Cust)	 	(Minor)
	JT TEN 	-	 as joint tenants with
    right of	 	 	under Uniform Gifts to Minors
	 	 	 survivorship and not
    as tenants	 	 	Act	 
	 	 	 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 INSERT SOCIAL SECURITY OR OTHER	 	 
	IDENTIFYING NUMBER OF ASSIGNEE	 	 
	 	 	 










 


 


 





 



(PLEASE
PRINT OR TYPE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)


 


 





 



 


 





 



 


 





 



Shares of
the 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
    WHATSOEVER.







 


Signature(s)
Guaranteed


 


By____________________________________________________


The
Signature(s) must be guaranteed by an eligible guarantor institution (Banks, Stockbrokers, Savings and Loan Associations and Credit
Unions with membership in an approved Signature Guarantee Medallion Program), pursuant to SEC Rule 17Ad-15.


 


 


THE
CORPORATION WILL FURNISH TO ANY STOCKHOLDER, UPON REQUEST AND WITHOUT CHARGE, A FULL STATEMENT OF THE DESIGNATIONS, RELATIVE RIGHTS,
PREFERENCES AND LIMITATIONS OF THE SHARES OF EACH CLASS AND SERIES AUTHORIZED TO BE ISSUED, SO FAR AS THE SAME HAVE BEEN DETERMINED,
AND OF THE AUTHORITY, IF ANY, OF THE BOARD TO DIVIDE THE SHARES INTO CLASSES OR SERIES AND TO DETERMINE AND CHANGE THE RELATIVE
RIGHTS, PREFERENCES AND LIMITATIONS OF ANY CLASS OR SERIES. SUCH REQUEST MAY BE MADE TO THE SECRETARY OF THE CORPORATION OR TO
THE TRANSFER AGENT NAMED ON THIS CERTIFICATE.


 









COLUMBIA
PRINTING SERVICES, LLC - www.stockinformation.com
#### § 452.30 Run-off elections.

A run-off election must meet the standards set forth in title IV if the original election was subject to the requirements of the Act. For example, if the run-off is to be held at the same meeting as the original election, the original notice of election must have so stated and all records pertaining to the run-off must be retained.
|Exhibit 23.1


CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by
reference in Registration Statement Nos. 333-137768, 333-128118, 333-118348, 333-106282,
333-101536, 333-69696, 333-45094, 333-83153, 333-58555, 333-29567, 333-02289, and
033-58489 of 4Kids Entertainment, Inc. on Form S-8 of our report dated March 15, 2007,
appearing in the Annual Report on Form 10-K of 4Kids Entertainment, Inc. for the year
ended December 31, 2006.


/s/ Eisner LLP


New York, New YorkMarch
15, 2007
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
No. 76-6467.

#### Young *v.*Hogan, Warden.

C. A. 5th Cir. Certiorari denied.
§ 4022.82 Method of recoupment. ( a ) *Future benefit reduction.* The PBGC will recoup net overpayments of benefits by reducing the amount of each future benefit payment to which the participant or any beneficiary is entitled by the fraction determined under paragraphs (a)(1) and (a)(2) of this section, except that benefit reduction will cease when the amount (without interest) of the net overpayment is recouped. Notwithstanding the preceding sentence, the PBGC may accept repayment ahead of the recoupment schedule. ( 1 ) *Computation.* The PBGC will determine the fractional multiplier by dividing the amount of the net overpayment by the present value of the benefit payable with respect to the participant under title IV of ERISA. ( i ) *Non-PPA 2006 bankruptcy termination.* In a non-PPA bankruptcy termination, the PBGC will determine the present value of the benefit to which a participant or beneficiary is entitled under title IV of ERISA as of the termination date, using the PBGC interest rates and factors in effect on that date.
( ii ) *PPA 2006 bankruptcy termination.* In a PPA 2006 bankruptcy termination, PBGC will determine the amount of benefit payable with respect to the participant under title IV of ERISA taking into account the limitations in sections 4022(g) and 4044(e) (and corresponding provisions of these regulations), and will determine the present value of that amount as of the termination date, using PBGC interest rates and factors in effect on the termination date.
( iii ) *Facts and circumstances.* The PBGC may, however, utilize a different date of determination if warranted by the facts and circumstances of a particular case.
( 2 ) *Limitation on benefit reduction.* Except as provided in paragraph (a)(1) of this section, the PBGC will reduce benefits with respect to a participant or beneficiary by no more than the greater of— ( i ) Ten percent per month; or
( ii ) The amount of benefit per month in excess of the maximum guaranteeable benefit payable under section 4022(b)(3)(B) of ERISA, determined without adjustment for age and benefit form.
( 3 ) *PBGC notice to participant or beneficiary.* Before effecting a benefit reduction pursuant to this paragraph, the PBGC will notify the participant or beneficiary in writing of the amount of the net overpayment and of the amount of the reduced benefit computed under this section.
( 4 ) *Waiver of de minimis amounts.* The PBGC may, in its discretion, decide not to recoup net overpayments that it determines to be *de minimis.*
( 5 ) *Final installment.* The PBGC will cease recoupment one month early if the amount remaining to be recouped in the final month is less than the amount of the monthly reduction.
( b ) *Full repayment through recoupment.* Recoupment under this section constitutes full repayment of the net overpayment.
[63 FR 29354, May 29, 1998, as amended at 76 FR 34604, June 14, 2011]
### Geohydrology of Hualapai and Sacramento Valleys, Mohave County, Arizona

By: J.B. GillespieC.B. Bentley

                            https://doi.org/10.3133/wsp1899H

#### Links

- More information:  **National Geologic Map Database Index Page**                            (html)
-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)
  - **Plate 2**                            (pdf) 
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
(81 South. 198)

#### UPSHAW v. STATE.

(3 Div. 332.)

(Court of Appeals of Alabama.

Feb. 11, 1919.)

1. Criminal Law <&wkey;517(2) — Confession ox Defendant.

In a prosecution of an employé of a railroad company for larceny, the testimony of a special agent that defendant admitted he received the money for the property stolen and divided it with another employé tended to prove the corpus delicti, and was properly admitted.

2. Criminal Law <&wkey;792(2) — Evidence—Instructions — Confederates.

Where the evidence showed that the defendant and another employé were confederates in the commission of the larceny, a charge that, 'if ■the jury believed the other employé delivered the goods to a drayman when defendant was not present, they could not convict the defendant, was properly refused.

3. Larceny <&wkey;68(l) — Question for Jury.

In a prosecution of employé of a railroad company for larceny of goods from company’s warehouse, where there was evidence of a confession by defendant receiving the money for the goods stolen and dividing with another employé, there was a question for the jury, and the affirmative charge was properly refused.

Appeal from Circuit Court, Montgomery County; Leon McCord, Judge.

Milton Upshaw was convicted of larceny, and he appeals.

Affirmed.

The witness Yates testified that he was a special agent of the Western Railway of Alabama ; that the railroad maintained a warehouse in Montgomery county, Ala., and that there was missing from the warehouse, after they had been put in the warehouse the following articles: A case of overalls valued at $25, a barrel of sugar valued at $30, and a case of shoes valued at $50; that Upshaw and Benjamin were employed by the Western Railroad, Benjamin as transfer clerk and Upshaw as helper. Further testifying, he said *679that he had a conversation with Benjamin in the presence of Upshaw, and that he made no threats or promises and offered no inducement to either, and that Upshaw said that he got the money for this property and split 50-50 with Benjamin.

Following is charge 6:

If you believe from the evidence that Benjamin delivered the box to the drayman, and that the defendant was not present there when the box was removed, you cannot convict the defendant.

Charge *4 was*the affirmative charge to find for the defendant.

W. R. Brassell and Brassell & Brassell, all of Montgomery, for appellant.

Emmett S. Thigpen, Atty. Gen., and David W. W. Puller, Asst. Atty. Gen., for the State.

BROWN, P. J.

[1] The testimony of the witness Yates clearly tends to prove the corpus delicti, and the evidence of this witness as to the confession of the defendant was properly admitted. Daniels v. State, 12 Ala. App. 119, 68 South. 499; Simmons v. State, ante, p. 645, 81 South. 137.

[2] The evidence offered by the state tends to show that the defendant and Benjamin were confederates in the commission of the offense, and charge 6 was properly refused.

[3] The evidence in the case authorized the submission of the issues to the jury, and charge 4 was properly refused.

We find no reversible error in the record, and the judgment is affirmed.

Affirmed.
§ 2584.8477(e)-6 Definitions. As used in this part: ( a ) *Act* means the Federal Employees' Retirement System Act of 1986, 5 U.S.C. 8401 *et seq.* (Supp. III 1997);
( b ) *Board* means the Federal Retirement Thrift Investment Board established pursuant to 5 U.S.C. 8472;
( c ) *Common Stock Index Investment Fund* means the fund established under 5 U.S.C. 8438(b)(1)(C);
( d ) *Executive Director* means the executive director of the Federal Retirement Thrift Investment Board as appointed pursuant to 5 U.S.C. 8474;
( e ) *Fiduciary duty* and *fiduciary responsibility* mean any duty or responsibility which involves the exercise of discretionary authority or discretionary control over— ( 1 ) The management or disposition of the assets of the Thrift Savings Fund, or
( 2 ) The administration of the Thrift Savings Fund;
( f ) *Fixed Income Investment Fund* means the fund established under 5 U.S.C. 8438(b)(1)(B);
( g ) *Government Securities Investment Fund* means the fund established under 5 U.S.C. 8438(b)(1)(A);
( h ) *International Stock Index Investment Fund* means the fund established under 5 U.S.C. 8438(b)(1)(E);
( i ) *Investment manager* means any fiduciary who— ( 1 ) Has the power to manage, acquire or dispose of any asset of the plan,
( 2 ) Is: ( i ) Registered as an investment adviser under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1),
( ii ) Not registered as an investment adviser under such Act by reason of paragraph (1) of section 203A(a) of such Act (15 U.S.C. 80b-3a) but is registered as an investment adviser under the laws of the state (referred to in such paragraph (1)) in which it maintains its principal office and place of business, and, at the time the fiduciary last filed the registration form most recently filed by the fiduciary with such state in order to maintain the fiduciary's registration under the laws of such state, also filed a copy of such form with the Secretary of Labor,
( iii ) A bank, as defined in that Act, or
( iv ) An insurance company qualified to perform services described in paragraph (i)(1) of this section under the laws of more than one state, and
( 3 ) Has acknowledged in writing that he or she is a fiduciary with respect to the Thrift Savings Fund;
( j ) *Qualified professional asset manager* has the meaning which is prescribed at 5 U.S.C. 8438(a)(7);
( k ) *Small Capitalization Stock Index Investment Fund* means the fund established under 5 U.S.C. 8438(b)(1)(D);
( l ) *Thrift Savings Fund* means the fund established under 5 U.S.C. 8437.
[53 FR 52687, Dec. 29, 1988, as amended at 65 FR 34394, May 30, 2000]
§ 4211.11 Plan sponsor adoption of modifications and simplified methods. ( a ) *General rule.* A plan sponsor, other than the sponsor of a plan that primarily covers employees in the building and construction industry, may adopt by amendment, without the approval of PBGC, any of the statutory allocation methods and any of the modifications and simplified methods set forth in §§ 4211.12 through 4211.16.
( b ) *Building and construction industry plans.* The plan sponsor of a plan that primarily covers employees in the building and construction industry may adopt by amendment, without the approval of PBGC, any of the modifications to the presumptive rule and simplified methods set forth in § 4211.12 and §§ 4211.14 through 4211.16.
[86 FR 1271, Jan. 8, 2021]
CERTIFICATIONS

I, Daniel Dror certify that:

1. I have reviewed this annual report on Form 10-QSB of American
International Industries, Inc.

2. Based on my knowledge, this annual report does not contain any
untrue statement of material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this annual report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as of, and
for, the periods presented in this annual report.

Date: November 13, 2002

/s/ Daniel Dror
Daniel Dror, CEO and Chairman
---

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned, Eric Herlyn, hereby certifies, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (a) | the quarterly report on Form 10-Q of Manas Petroleum
      Corporation for the period ended June 30, 2009 fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act
      of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                                                                                 
| | (b) | information contained in the quarterly report on Form
      10-Q fairly presents, in all material respects, the financial condition
      and results of operations of Manas Petroleum
Corporation.                             

Date: August 14, 2009

/s/ Erik HerlynErik HerlynChief Executive
Officer (Principal Executive Officer)

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Manas Petroleum
Corporation and will be retained by Manas Petroleum Corporation and furnished to
the Securities and Exchange Commission or its staff upon request.

---
Exhibit 10.7 FY2015






THIRTY-FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT




This Thirty-Fifth Amendment to Employment Agreement is made and entered into as of January 1, 2015, by and between PriceSmart, Inc., a Delaware Corporation (“Employer”) and Robert M. Gans (“Executive”).
Recitals


		
	A)
	On September 20, 1994 an Employment Agreement was made and entered into by and between Executive and Price Enterprises, Inc.




		
	B)
	Said Employment Agreement has been assigned to Employer and amended on thirty-four prior occasions;




		
	C)
	Employer and Executive now desire to further amend the Employment Agreement, as set forth hereinbelow:


Agreement


		
	1.
	Section 2.1 of the Agreement which provides:




		
	2.1 
	Salary.  For Executive's services hereunder, Employer shall pay as base salary to Executive the amount of $356,857 during each year of the Employment Term. Said salary shall be payable in equal installments in conformity with Employer's normal payroll period. Executive shall receive such salary increases, if any, as Employer, in its sole discretion, shall determine.


 
is hereby amended, effective January 1, 2015, to provide as follows:


		
	1.
	Salary.  For Executive's services hereunder, Employer shall pay as base salary to Executive the amount of $367,563 during each year of the Employment Term.  Said salary shall be payable in equal installments in conformity with Employer’s normal payroll period. Executive shall receive such salary increases, if any, as Employer, in its sole discretion, shall determine.






		
	2.
	All other terms of the Employment Agreement, as amended, shall remain unaltered and fully effective.






Executed in San Diego, California, as of the date first written above.


EXECUTIVE                        EMPLOYER
PriceSmart, INC.


Robert M. Gans                    By:______________________                


Name:     Jose Luis Laparte    


Its:     CEO and President
**Exhibit 3(b)**At a special meeting of the shareholders of The Lamson & Sessions Co. (the “Company”) held onDecember 15, 2006, the shareholders approved the amendment and restatement of Article IV of theCompany’s Amended Articles of Incorporation. On December 15, 2006 the Company filed a Certificateof Amendment by Shareholders with the Secretary of State of Ohio to reflect the meeting of theshareholders and the amendment and restatement of Article IV to read in its entirety as follows:     ARTICLE IV. The maximum number of shares the corporation is authorized to have outstanding isForty-four Million Two Hundred Thousand (44,200,000) shares, classified as follows:     (a) One Million Two Hundred Thousand (1,200,000) shares of Serial Preferred Stock of the parvalue of $10.00 per share (“Serial Preferred Stock”);     (b) Three Million (3,000,000) shares of Serial Preference Stock without par value (“SerialPreference Stock”); and     (c) Forty Million (40,000,000) Common Shares, without par value (“Common Shares”).
#### Syril Liedeker et al., Appellants, *v.*Sears, Roebuck & Co., Inc., Respondent, Impleaded with Another.

Argued May 28, 1937;

decided June 11, 1937.

*Abraham Engelman, Harry J. Engel, Leo Thomas*and *Emil Katzka*for appellants.

*Alan M. Stroock, Peter I. B. Levine*and *Milton Socolof*for respondent.

*C. E. Fitzgerald, James McPhillips*and *Frederick G. Bascom*for Telescope Folding Furniture Company, defendant.

Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien and Finch, JJ. Dissenting: Hubbs, Loughran and Rippey, JJ.
|   | 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 |
| November 15, 2011                     |

----