alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Civ. No. 16351.

Second Dist., Div. Two.

Apr. 23, 1948.]

#### JOHN R. ESPINOZA, Appellant, v. MARY GRACE ESPINOZA, Respondent.

Arthur E. Schifferman for Appellant.

Alex P. Sample and Robert M. Porter for Respondent.

McCOMB, J.

Plaintiff appeals from that portion of a decree of divorce granted defendant on her cross-complaint ordering him to pay $110 monthly for the support of the two minor children of the parties aged 3% and 5% respectively.

*156Viewing the evidence in the light most favorable to defendant (respondent) the essential facts are:

> Plaintiff is earning a minimum of $240 per month. In defendant’s cross-complaint for a divorce her prayer requested $110 per month for the support of the minor children and herself. Defendant testified as to items of expense necessary for the support of her children which amounted to a sum in excess of $110 per month.

This is the sole question necessary for us to determine:

> *Did the trial court abuse its discretion in awarding defendant $110 a month for the support of the parties’ minor children?*.

This question must be answered in the negative and is governed by these pertinent rules:

> First: The amount of an allowance for the maintenance of the minor children of a divorced couple rests in the sound discretion of the trial judge, and in the absence of an abuse thereof such an award will not be set aside on appeal. *(Sawyer*v. *Sawyer,*57 Cal.App.2d 582, 584 [134 P.2d 868].)

> Second: In fixing the amount necessary for the support of minor children the trial judge is not limited in a contested action to an amount not exceeding that prayed for in the complaint, but he may award a sum less or in excess of the amount sought in the prayer if such award is sustained by the evidence. *(Karlslyst*v. *Frazier,*213 Cal. 377, 381 [2 P. 2d 362].)

> Under rule 1, *supra,*in the instant case it is clear that the trial court did not abuse its discretion in fixing the amount necessary for the support of the two minor children of the parties since, as set forth above, the evidence discloses that plaintiff was earning a minimum of $240 per month and that in excess of $110 a month was necessary for their care and maintenance. Likewise, under rule 2, *supra,*there is no merit in plaintiff’s contention that the trial court erred in allowing defendant $110 per month for the support of the children alone because in the prayer of her cross-complaint she asked for this sum for the support of the children and herself. As hereinbefore stated the trial court was not limited in fixing the award to an amount not in excess of that prayed for in the cross-complaint.

The judgment and order are and each is affirmed.

Moore, P. J., and Wilson, J., concurred.
#### The Herkimer County National Bank, *Respondent, v.*Alonzo Rust, *Appellant, Impleaded, etc*.

Judgment affirmed. *Held,*that the appellant was liable upon the face of the draft, he having signed in his individual name without anything to indicate that he did so as agent, and that waiving the question of the admissibility of the extrinsic evidence, there was nothing in that evidence to relieve him from liability, as the agreement between the firm of Rhodes *&*Server and the bank did not authorize him to make a draft for the firm.

Hardin, J., not sitting.
#### § 30.6 Form of payment.

Claims may be paid in the form of money or, when a contractual basis exists, the Department may demand the return of specific property or the performance of specific services.
§ 93.600 Semi-annual compilation. ( a ) The head of each agency shall collect and compile the disclosure reports (see appendix B to this part) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a report containing a compilation of the information contained in the disclosure reports received during the six-month period ending on March 31 or September 30, respectively, of that year.
( b ) The report, including the compilation, shall be available for public inspection 30 days after receipt of the report by the Secretary and the Clerk.
( c ) Information that involves intelligence matters shall be reported only to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection.
( d ) Information that is classified under Executive Order 12356 or any successor order shall be reported only to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives or the Committees on Armed Services of the Senate and the House of Representatives (whichever such committees have jurisdiction of matters involving such information) and to the Committees on Appropriations of the Senate and the House of Representatives in accordance with procedures agreed to by such committees. Such information shall not be available for public inspection.
( e ) The first semi-annual compilation shall be submitted on May 31, 1990, and shall contain a compilation of the disclosure reports received from December 23, 1989 to March 31, 1990.
( f ) Major agencies, designated by the Office of Management and Budget (OMB), are required to provide machine-readable compilations to the Secretary of the Senate and the Clerk of the House of Representatives no later than with the compilations due on May 31, 1991. OMB shall provide detailed specifications in a memorandum to these agencies.
( g ) Non-major agencies are requested to provide machine-readable compilations to the Secretary of the Senate and the Clerk of the House of Representatives.
( h ) Agencies shall keep the originals of all disclosure reports in the official files of the agency.
#### In the Matter of the Application of The Mayor, Aldermen and Commonalty of the City of New York, Relative to Acquiring Title to Lands for the Purpose of Opening Anthony Avenue. The City of New York, Appellant; The New York Telephone Company et al., Respondents.

*Matter of Mayor, etc., of New York,*124 App. Div. 940, affirmed.

(Submitted May 31, 1909;

decided October 12, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20,1908, which affirmed an order of Special Term confirming *514the report of commissioners of estimate and assessment in the above-entitled proceeding.

*Francis K.*Pendleton, *Corporation Coimsel (Theodor'e Connoly, John P. Dunn, Thomas C. Blake*and *James R. Fitz Gerald*of counsel), for' appellant.

*Melmille Fgleston*and *H. H. Brigham*for New York Telephone Company, respondent.

*Henry J. Hemmens*and *Charles I. Taylor*for New York Edison Company, respondent.

*John A. Garner*for Northern Union Gas • Company, respondent.

Order affirmed, with costs ; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hisoook, JJ.
<PAGE>

                                                                      Exhibit 99



                               Gensym Corporation
                                52 Second Avenue
                              Burlington, MA 01803


                                 March 28, 2002

Securities and Exchange Commission
450 Fifth Street, N.W.
Judiciary Plaza
Washington, DC  20549



         Re: Confirmation of Arthur Andersen Representations
             -----------------------------------------------

Ladies and Gentlemen:

         This letter confirms that Gensym Corporation has received from Arthur
Andersen LLP, the independent public accountant engaged by the company to
examine the company's financial statements that are included in the Form 10-K to
which this letter is filed as an exhibit, a representation letter addressed to
the company and stating that:

         . the audit conducted by Andersen was subject to Andersen's
           quality control system for the U.S. accounting and auditing
           practice to provide reasonable assurance that the engagement
           was conducted in compliance with professional standards;

         . there was appropriate continuity of Andersen personnel working on
           the audit and availability of national office consultation to conduct
           the relevant portions of the audit; and

         . the availability of personnel at foreign affiliates of Andersen was
           not relevant to the audit.



                                             Very truly yours,

                                             GENSYM CORPORATION


                                             By:  /s/ THOMAS E. SWITHENBANK
                                                  -------------------------
                                                  Name: Thomas E. Swithenbank
                                                  Title: Chief Financial Officer
Editorial Note on Part 99
Editorial Note: Nomenclature changes to part 99 appear at 63 FR 39998, July 24, 1998.

§ 99.32 Decisions following hearing. ( a ) If the Assistant Secretary is the presiding officer, the Assistant Secretary shall issue the decision within 60 days after the time for submission of posthearing briefs has expired.
( b ) ( 1 ) If the presiding officer is not the Assistant Secretary, the presiding officer shall certify the entire record, including the recommended findings and proposed decision, to the Assistant Secretary within 60 days after the time for submission of posthearing briefs has expired. The Assistant Secretary shall serve a copy of the recommended findings and proposed decision upon all parties, and amici, if any.
( 2 ) Any party may, within 20 days of receipt of the recommended findings and proposed decision, file exceptions and a supporting brief or statement with the Assistant Secretary.
( 3 ) The Assistant Secretary shall thereupon review the recommended decision and, within 45 days after the receipt of the exceptions to the recommended findings and proposed decision, issue the decision.
( c ) The decision of the Assistant Secretary under this section shall be the final decision of the Secretary and shall constitute “final agency action” within the meaning of 5 U.S.C. 704. The Assistant Secretary's decision shall be promptly served on all parties, and amici, if any.
#### § 86.1 Purpose and effective date.

The purpose of this part is to effectuate title IX of the Education Amendments of 1972, as amended by Pub. L. 93-568, 88 Stat. 1855 (except sections 904 and 906 of those Amendments) which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in this part. This part is also intended to effectuate section 844 of the Education Amendments of 1974, Pub. L. 93-380, 88 Stat. 484. The effective date of this part shall be July 21, 1975.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682, as amended by Pub. L. 93-568, 88 Stat. 1855, and sec. 844, Education Amendments of 1974, 88 Stat. 484, Pub. L. 93-380)
EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In  connection  with  the  Quarterly  Report  of  AgroCan  Corporation (the
"Company") on Form 10-QSB for the period ending March 31, 2003 as filed with the
Securities  and  Exchange  Commission  on  the  date  hereof  (the "Report"), I,
Lawrence  Hon,  Chief  Executive Officer of the Company, certify, pursuant to 18
U.S.C.  ss.  1350,  as  adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002,  that:

     (1) The Report fully complies with the requirements of section 13 (a) or 15
(d)  of  the  Securities  Exchange  Act  of  1934;  and

     (2)  The  information  contained  in  the  Report  fairly  presents, in all
material  respects,  the  financial  condition  and  result of operations of the
Company.



/s/ Lawrence Hon

-----------------------------
Lawrence Hon
Chief Executive Officer
April 25, 2003


                                       20
<PAGE>
[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Page 13748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1437]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Availability of Seats for the Thunder Bay National Marine 
Sanctuary Advisory Council

AGENCY: National Marine Sanctuary Program (NMSP), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration, 
Department of Commerce (DOC).

ACTION: Notice and request for applications.

-----------------------------------------------------------------------

SUMMARY: The Thunder Bay National Marine Sanctuary (TBNMS or sanctuary) 
is seeking applicants for the following vacant seats on its Sanctuary 
Advisory Council (council): Business/Economic Development, Citizen-at-
Large alternate, and Education alternate. Applicants are chosen based 
upon their particular expertise and experience in relation to the seat 
for which they are applying; community and professional affiliations; 
philosophy regarding the protection and management of marine resources; 
and possibly the length of residence in the area affected by the 
sanctuary. Applicants who are chosen as members should expect to serve 
3-year terms, pursuant to the council's Charter.

DATES: Applications are due by May 7, 2007.

ADDRESSES: Application kits may be obtained from Thunder Bay National 
Marine Sanctuary, 500 W. Fletcher Street, Alpena, Michigan 49707. 
Completed applications should be sent to the same address.

FOR FURTHER INFORMATION CONTACT: Jean Prevo, Advisory Council 
Coordinator, Thunder Bay National Marine Sanctuary, 500 W. Fletcher 
Street, Alpena, Michigan 49707, (989) 356-8805 ext. 13, 
<a href="/cdn-cgi/l/email-protection#5c36393d32722c2e392a331c32333d3d723b332a"><span class="__cf_email__" data-cfemail="95fff0f4fbbbe5e7f0e3fad5fbfaf4f4bbf2fae3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Thunder Bay Sanctuary Advisory Council 
(council) was established in 1997. The council has fifteen members and 
fifteen alternates; five seats represent local community governments, 
and the other ten represent facets of the sanctuary community, 
including education, research, fishing, diving, tourism, economic 
development, and the community at large. The council meets bi-monthly, 
with informal coffees and lunches scheduled for non-meeting months. 
Working groups meet as needed. The fifteen alternates also take an 
active role in council meetings as well as assist in carrying out many 
volunteer assignments throughout the year.

    Authority: 16 U.S.C. Sections 1431, et seq.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: March 16, 2007.
Daniel J. Basta,
Director, Office of National Marine Sanctuaries, National Oceanic and 
Atmospheric Administration.
[FR Doc. 07-1437 Filed 3-22-07; 8:45 am]
BILLING CODE 3510-NK-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### § 81.41 Computation.

In computing any period of time under the rules in this part or in an order issued hereunder, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed in the District of Columbia, in which event it includes the next following business day. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.
KSDP Transfer Explanation 

matt@mdlangley.com 

Wed 8/24/2016 4:10 PM 

To Camilla Reminsky < creminsky@fec.gov>; 

c- Kerry Gooch <kerry@kansasdems.org> ; Neil Reiff <reiff@sandlerreiff.com>; 

1 attachments (606 KB) 

KSDP 09042012 Transfer.pdf; 

Good Afternoon Cami lla, 

After further review of the data while completing the requ ired amendments, I discovered that the transfer originally reported as a Levin transfer on Schedule HS, 

should have been an allocation transfer on Schedule H3. This transfer is now properly recorded on Schedule H3, as reflected in the amendments that have been 

filed. To further show that FEA transactions were not included in the calculation of this transfer, I have prepared a PDF report from our system and attached it 

this email. 

I appreciate the guidance you have provided on this and the amendments that have been filedl 

Thanks, 

Matt 

Matthew D. Langley 

1272 Baker Creek Drive 

Spring Hill, TN 37174 

(615) 476-8727 Cel l 

(615) 503-0345 Fax
EXHIBIT
32.2
 
  
 Certification
Pursuant to 18 U.S.C. Section 1350,
 
 As
Adopted Pursuant to
 
 Section
906 of the Sarbanes-Oxley Act of 2002
 
 
  In
connection with the Quarterly Report of Pacific Sands, Inc (the “Company”) on
Form 10-Q for the quarter ended March 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), Michael D. Michie, as
Chief Financial Officer of the Company, hereby certifies, 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), as
applicable of the Securities Exchange Act of 1934: and
  (2)  The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
  
 Dated:
      May 13,
      2009
                /s/ Michael D. MichieMichael
      D. MichieChief
      Financial Officer
 
 
 
 A signed
original of this written statement required by Section 906 has been provided to
Pacific Sands, Inc. and will be retained by Pacific Sands, Inc and furnished to
the Securities and Exchange Commission or its staff upon request.
EX-10.38





 Exhibit 10.38 

AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT 

This Amendment No. 2 (the “Amendment”) to that certain Employment Agreement, dated April 8, 2016 as amended
February 8, 2017 (the “Employment Agreement”), by and between Steven Rychnovsky (the “Executive”) and Adgero Biopharmaceuticals Holdings, Inc. (the “Company”), is effective
as of April 6, 2018. 
 WHEREAS, the Employment Agreement, sets forth the terms and conditions of Executive’s employment
with the Company; 
 WHEREAS, the Term (as defined in the Employment Agreement) will expire on April 8, 2018; 

WHEREAS, the Company and Executive desire to amend the Employment Agreement to extend the Term until April 8, 2020; 

WHEREAS, the Executive is eligible to receive an Annual Bonus (as defined in the Employment Agreement) with a target amount equal to
thirty percent (30%) of the Base Salary (as defined in the Employment Agreement); 
 WHEREAS, the Company and Executive desire to
amend the Employment Agreement to allow the Executive to be eligible to receive an Annual Bonus with a target amount equal to thirty-five percent (35%) of the Base Salary; and 

WHEREAS, Section 5.3 of the Employment Agreement provides that the Employment Agreement may be amended pursuant to an instrument
in writing between the Company and Executive. 
 NOW, THEREFORE, the Company and Executive hereby agree that the Employment Agreement
shall be amended as follows: 
  

	 	1.	 The first sentence of Section 1.2 of the Employment Agreement is hereby amended and restated to read as
follows: 


 “The employment relationship hereunder shall be for the period commencing on the Effective Date and,
subject to earlier termination as provided in ARTICLE 4, ending on the third (4rd) anniversary of the Effective Date (the “Term”).” 

 

	 	2.	 The first sentence of Section 3.1(b) of the Employment Agreement is hereby amended by substituting
“thirty-five percent (35%)” for “thirty percent (30%)” where the latter appears therein. 


  

	 	3.	 This Amendment shall supersede all prior agreements, whether oral or written, between the parties with respect
to the subject matter herein. 


  

	 	4.	 Except as amended herein, the Employment Agreement, shall remain in full force and effect.
















	 	5.	 This Amendment may be executed in several counterparts, each of which is deemed to be an original but all of
which together will constitute one and the same instrument. This Amendment may be delivered via facsimile or scanned “PDF” which shall be an original for all purposes. 



[Signature Page Follows] 

  
 -2- 













 IN WITHNESS WHEREOF, the parties hereto have duly executed this Amendment as of this 6th day of April, 2018. 
  

			
	Adgero Biopharmaceuticals Holdings, Inc.
	
	 /s/ John Liatos

	Name:	 	John Liatos
	Title:	 	Chief Financial Officer
	
	Executive
	
	 /s/ Steven Rychnovsky

	Steven Rychnovsky


 [Signature Page to Amendment No. 2 to Employment Agreement]
Opinion issued December 20, 2016

In The 

## Court of Appeals
For The 

## First District of Texas

———————————— NO. 01
- 1 6
- 00 3 7 0
- CV

——————————— CURTIS SIMPSON , Appellant

V. STRESSFREE PROPERTY SOLUTIONS ON BEHALF OF GOLD COAST EQUITY LLC , Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas Trial Court Ca se No. 1 0 7 508 1

MEMORANDUM OPINION
A ppellant, Curtis Simpson , has failed to timely file a brief. See T EX

. R. A PP

. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to2

file brief). After being notified that this appeal was subject to dismissal, appellant did not respond. See T EX

. R. A PP

. P. 42.3(b) (allowing involuntary dismissal o f case). We dismiss the appeal for want of prosecution f or failure to timely file a brief

. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes , Higley , and Lloyd.