alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NEW YORK SUPERIOR COURT.

#### Halstead agt. Cockroft.

*Special Term,,*

*April,*1875.

Abatement— *cause of action swmves —parties.*

Where an action against two defendants, the cause of which survives, proceeds to interlocutory judgment against them, and one of the defendants dies, and it appears that he was not a necessary or even a proper party defendant, the action can proceed against the survivor, and the case can he relieved from embarrassment by applying to the court for leave to drop the deceased defendant out of the case.

Monell, *G. J*.

The motion to dismiss the complaint in this case for the want of prosecution must be denied. By the death of the defendant Lomelino, the action has abated, and unless the cause of action has survived to his codefendant, the legal representatives of the deceased defendant must be brought in as parties.

I think it quite evident that Lomelino was not a necessary, even if he was a proper party. He was at most a debtor to the firm, and could have been called to account by the firm for the proceeds of the joint adventure, but not in this action, which was between the members of the firm for a settlement of the partnership concerns.

There would, therefore, be no objection to discontinuing the action as to him, had it not already proceeded to an interlocutory judgment against him.

But, perhaps, that is not an impediment, and it may yet be done on such terms as will be just.

Prom the facts it seems difficult, if not impossible, to revive *343the action against the representatives of the deceased defendant ; and as, I think, the action should he allowed to proceed against the survivor, who is the only necessary party, the case can he relieved from the embarrassment by applying to the court for leave to drop Lomelino out of the case.

That must be a separate motion. The relief cannot be granted on this application.

The denial of this motion is, however, without prejudice to its being renewed, if the plaintiff shall fail to .forthwith move, at Special Term, for such order as he may obtain in the premises.
#### Mohrman v. Bush.

*Judgment—irregular where due notice of trial not gimen.*

In an action to foreclose a mortgage which was referred defendant received only two days’ notice of the hearing before the referee. He did not appear and a judgment was rendered of foreclosure and sale, and that defendant was liable for any deficiency thereon. *Held,*that the judgment was irregular. Defendant was entitled to fourteen days’ notice, unless he waived it, and this right was not affected by the character of his defense.

Appeal by defendant Bush from an order at special term denying appellant’s motion to vacate the judgment.

The action was brought by Mary Mohrman against Edwin G. Bush and others to foreclose a mortgage.

Barnard, P. J.

The head-note states fully the only question passed upon in the opinion.

*Order*reversed.
MATRIA HEALTHCARE, INC. SUBSIDIARIES
                                 March 15, 2001

                                                         Jurisdiction of
                  Name                                    Incorporation

*Clinical-Management Systems, Inc.                       Georgia
*Diabetes Management Services, Inc.                      South Carolina
Diabetes Acquisition, Inc.                               Georgia
         Gainor Medical Acquisition Company              Georgia
         Diabetes Management Solutions, Inc.             Delaware
         Diabetes Self Care, Inc.                        Virginia
         Facet Technologies, L.L.C.                      Georgia
         Gainor Medical Europe Limited                   United Kingdom
         Gainor Medical International, L.L.C.            Georgia
         Matria Holding GmbH                             Germany (LLC)
         Hans M.W. Spreth GmbH                           Germany (LLC)
         eu- Medical GmbH                                Germany (LLC)
         MedProgress GmbH                                Germany (LLC)
         Dia Real Diabetesservice Kommanditgesellschaft  Germany (LLC)
         *Gainor Medical Direct, L.L.C.                  Georgia
**Matria Canada, Inc.                                    New Brunswick
Matria of New York, Inc.                                 New York
Matria Healthcare Puerto Rico, Inc.                      Puerto Rico
*National Reproductive Medical Centers, Inc.             Delaware
         *Infertility Management Services, Inc.          Delaware
         *PFCC Liquidation Corp.                         California
         *PFPC Liquidation Corp.                         California
         *PFMG Liquidation Corp.                         California
*Perinatal Services Nederland B.V.                       Nederlands
*Q Liquidation Corp.                                     Delaware
*Shared Care, Inc.                                       Georgia

*Inactive
**In process of withdrawal

Note: The above  subsidiaries  (except for Perinatal Services Nederland B.V. and
Matria  Healthcare  Puerto Rico, Inc., both in which Matria owns a 51% interest)
are directly or indirectly 100% owned by Matria Healthcare, Inc.
#### Sherman Conant and Alexander B. Hawkins, *as*Receivers, *etc., Appellants, v.*Milton S. Littlefield and Aaron Barnett, *Respondents*.

Order modified so far as to allow service of the amended complaint on payment of ten dollars costs of opposing the motion in the court below, and fifteen dollars costs of proceedings after issue joined and before trial, ten dollars costs of one term fee and the disbursements of this appeal.
## SERVE D MARC H 15 , 201 2 U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC EO FHEARING S WASHINGTON , D C :-' • 3 u I n Th e Matte r

Of : CROWCO N DETECTIO N INSTRUMENT S LIMITE D Responden t DOCKE T NO . FAA-2012-002 6 (Cas e No . 2010SO700428 )

ORDE RDISMISSIN GPROCEEDIN G O n Marc h14 , 2012 , th e Complainant , th e Federa l Aviatio n Administratio n (FAA ) filedaWithdrawa l o f

Complain t

withth e Offic e o f

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state dtha t

th e partie s ha dreache dasettlement , an drequeste dadismissa l o f th e action . Ther e i s n o hearin g currentl y se t i n this matter . I t I s Hereb y Ordered : 1 ) Pursuan t

t o 1 4 C.F.R . §13.215 , this proceedin g i s dismisse dwithprejudice .
Judgd J U.S . A tiv e Law Judg e Attachment : Service Lis tFDMS NO . FAA-2012-002 6 (Civi l Penalty Action ) ORIGINA L& ON ECOP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-430 , Wilbu r Wrigh t Building—Suit e 2W1000 '

ON ECOP Y Brian S . Sullivan , Respondent' s Counse l Dinsmor e & Shohl , LL P 25 5 E . Fift

hStreet , Suit e 1900 Cincinnati , O H 4520 2 TEL : 513-977-823 3 FAX : 513-977-814 1 Geral dA . Ellis , Complainant' s Counse l Offic e o f th e Regiona l Counsel , ASO- 7 Southern Regio n Federal Aviatio n Administratio n P . O . Bo x 2063 6 Atlanta , GA 3032 0 TEL : 404-305-520 0 FAX : 404-305-522 3 Th e Honorabl e J.E . Sullivan , Administrativ e Law Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Washington , D C 2059 0 TEL : 202-366-213 2 FAX : 202-366-753 6

' Servic e wa s b y U.S . Mail . Fo

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l Aviatio n Administration, 60

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, D C 20591 ; Attention : Hearin

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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration, DOT.

# ACTION:

Notice. 

# SUMMARY:

                        The Federal Aviation Administration (FAA) announces availability of a Written Reevaluation and Record of Decision (ROD) for a Centerfield Taxiway at Logan International Airport, Boston, Massachusetts. The ROD follows the issuance of a Final Environmental Impact Statement for the Airside Improvement Planning Project, issued in June 2002, and subsequent Record of Decision (August 2002) that approved several airport development projects but deferred a decision on the Centerfield Taxiway. The FAA is now documenting its decision to approve the Centerfield Taxiway and take action toward making federal funds available for its construction. FAA's Record of Decision may be accessed on FAA's public Web site:                         *www.faa.gov/​airports_​airtraffic.*

# DATES:

*Effective Date:*                         The effective date of the FAA's Record of Decision on the Centerfield Taxiway at Logan International Airport is April 20, 2007.                    

# FOR FURTHER INFORMATION CONTACT:

For additional information contact John C. Silva, Federal Aviation Administration, New England Region, Airports Division, ANE-610, 12 New England Executive Park, Burlington, Massachusetts 01803. Telephone 781-238-7602.

Issued in Burlington, Massachusetts on May 3, 2007.

Michel Hovan,

Acting Manager, Airports Division.

[FR Doc. 07-2376  Filed 5-14-07; 8:45 am]

BILLING CODE 4910-13-M
Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

#   Board Actions 

## Actions taken during the week ending June 17, 2006

----

Advisory CouncilsConsumer Advisory Council  -- request for nominations for ten new members.					-Announced, June 15, 2006 					

Bank Holding CompaniesBB&T Corporation, Winston-Salem, North Carolina  -- to merge with First Citizens Bancorp, Cleveland, Tennessee, and thereby acquire its subsidiaries, The Bank/First Citizens Bank, The Home Bank of Tennessee, Maryville, and The Home Bank, Ducktown.					-Approved, June 12, 2006 					

FormsForms  -- final Board review to extend without revision the Recordkeeping Requirements Associated with Changes in Foreign Investments (Made Pursuant to Regulation K)(FR 2064), Recordkeeping Requirements Associated with the Real Estate Appraisal Standards for Federally Related Transactions Pursuant to Regulations H and Y (FR H-4), and Request for Proposal (RFP) and Request for Price Quotations (RFPQ).					-Approved, June 13, 2006 					

Regulations And PoliciesBank Secrecy Act Recordkeeping  -- publication for comment of joint advance notice of proposed rulemaking to lower or eliminate the recordkeeping threshold for funds transfers and transmittals (Regulation S, Docket No. R-1258).					-Approved, June 13, 2006 					Credit Card Plans  -- annual report to the Congress on the profitability of credit card operations of depository institutions.					-Approved, June 12, 2006 					Payments System Risk Policy  -- publication for comment of a consultation paper on management of intraday liquidity, credit, and operational risks associated with Fedwire funds transfers and related transactions (Docket No. OP-1257).					-Approved, June 13, 2006 					

Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco
Home | Banking information and regulationAccessibility | Contact   usLast update: June 22, 2006
#### EDWARD B. SWEENEY, APPELLANT, v. LOUIS G. GRISSLER, RESPONDENT.

Decided May 11, 1929.

Before Justices Tbenchaed, Kalisch and Lloyd.

Eor the appellant, *Earl A. Merrill.*

Eor the respondent, no appearance.

Pee Cueiam.

This appeal should be dismissed. There is no agreed state of the case between the attorneys of the respective parties, nor is there a state of the case settled by the trial judge.

Appeal is dismissed, with costs.
§ 182.435 Integral fuel tanks. ( a ) Gasoline fuel tanks must be independent of the hull.
( b ) Diesel fuel tanks may not be built integral with the hull of a vessel unless the hull is made of: ( 1 ) Steel;
( 2 ) Aluminum; or
( 3 ) Fiber reinforced plastic when: ( i ) Sandwich construction is not used; or
( ii ) Sandwich construction is used with only a core material of closed cell polyvinyl chloride or equivalent.
( c ) During the initial inspection for certification of a vessel, integral fuel tanks must withstand a hydrostatic pressure test of 35 kPa (5 psig), or the maximum pressure head to which they may be subjected in service, whichever is greater. A standpipe of 3.5 meters (11.5 feet) in height attached to the tank may be filled with water to accomplish the 35 kPa (5 psig) test.
[CGD 85-080, 61 FR 986, Jan. 10, 1996, as amended at 62 FR 51358, Sept. 30, 1997]
Filed by Automated Filing Services Inc. (604) 609-0244 - Rancho Santa Monica Developments Inc. - Exhibit 4.1





 Rancho Santa Monica 

  Developments Inc. 

	 NUMBER	  	 	 SHARES
	 [                ]	 INCORPORATED UNDER THE LAWS OF THE STATE OF NEVADA 
    	 	 [                ]
    
	  	 COMMON STOCK, $0.001 PAR VALUE PER SHARE  	 	  
	 This 
 	  	 	  
	 certifies 
 	  	 	  
	 that 	 [NAME OF SHAREHOLDER]  	CUSIP 	
      752146 10 0  
	  	  	 SEE REVERSE FOR  
	  	  	 CERTAIN DEFINITIONS  
	 	 	 
	is the owner of [NUMBER
      OF SHARES] 	 
	 	 
	FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON
      STOCK OF 
	 
	Rancho Santa Monica
      Developments Inc. 
	 
	This certificate and the shares represented hereby
      are subject to the laws of the State of Nevada, and to the Articles of 

      Incorporation and Bylaws of the Corporation, as now or hereafter amended.
      This certificate is not valid unless c

      ountersigned by the Transfer Agent. 

      WITNESS the facsimile seal of the Corporation and the signature of its duly
      authorized officers. 
	 
	 
	DATED [DATE]  	 	 
	 	 	 
	 	 	 
	/s/ Graham Alexander  	 	/s/ Cheryl Boegeman 
      
	PRESIDENT  	CORPORATE SEAL  	SECRETARY  












 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 the right of  	 Act________________________________________
	  	  survivorship and not as tenants  	  (State)  
	  	  in common  	  


 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 TYPEWRITE NAME AND ADDRESS,
      INCLUDING ZIP CODE, OF ASSIGNEE) 
	 
	 
	 
	 
	 
	 
	 
	 


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 ________________________________

   

 X __________________________________________________________________________________________________________
  

                  THE
  SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE
  FACE OF THIS CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT
  OR ANY CHANGE WHATSOEVER. THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE
  GUARANTOR INSTITUTION (Banks, Stockbrokers, Savings and Loan Associations and
  Credit Unions). 

 SIGNATURE GUARANTEED: 

 

 TRANSFER FEE WILL APPLY
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
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Dallas
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San Francisco

# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending March 18, 2006

|Filer                           | Filing Type   | Filing Proposal                                                                                                                                                                                                                                                                    | End of Comment Period                                
|------------------------------- | ------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------------
|NORTH FORK BANCORPORATION, INC. | * 4c8         | North Fork Bancorporation, Inc., Melville, New York to convert its national banking subsidiary, Superior Savings Bank of New England, N.A., Branford, Connecticut to a federal savings association, pursuant to Section 4(c)(8) of the BHC Act and Section 225.24 of Regulation Y. | Newspaper:Not availableFederal Register:Not available
|Newspaper:                      | Not available
|Federal Register:               | Not available

## Availability of CRA Public Evaluations

|Institution / Location              | RSSDID | Exam Date  | CRAPublic Date | CRARating | Exam Method
|----------------------------------- | ------ | ---------- | -------------- | --------- | -----------
|ORANGE CTY TC, MIDDLETOWN, NEW YORK | 176101 | 09/06/2005 | 03/08/2006     | S         | Int Sm Bank

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
January 28, 2015

Page 1

Rebecca E. Bell-Stanton

Partner rbell@feesmith.com

972

- 980 -3262 Direct Dial

January 28, 2015

Via E-Filing Christopher Prine Clerk, First Court of Appeals 301 Fannin, 2 nd Floor Houston, Texas 77002

Re: Case No. 01-15 -00068-CV; In Re Sunbelt Rentals, Inc.

Our File No.: SBR.5539

Mr. Prine:

Please allow this correspondence to advise the Court Relator Sunbelt Rentals, Inc. will be filing a Reply Memorandum in Support of its Motion for Temporary Relief this afternoon. Additionally, Relator will be filing a formal Reply Brief to the Response last evening and intend to file same no later than Monday, February 2, 2015.

Thank you for your attention to this matter.

Very truly yours,

FEE, SMITH, SHARP & VITULLO, L.L.P.

Rebecca E. Bell-Stanton

cc: Scott Hooper ( Via E-Service and Electronic Mail) John H. Kim ( Via E-Service and Electronic Mail) ACCEPTED 01-15-00068-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/28/2015 12:04:23 PM CHRISTOPHER PRINE

CLERK
Opinion issued October 2 , 2014

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 14
- 00451
- CV

——————————— IN RE S. C. MAXWELL FAMILY PARTNERSHIP, LTD. , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION
Relator , S.C. Maxwell Family Partnership, LTD. , has filed a petition for writ of mandamus challenging the trial court’s order denying relator’s motion to transfer venue in the underlying case. * We deny the petition for writ of mandamus.
PER CURIAM Panel consists of Justices Massengale, Brown , and Huddle

.

* The underlying case is Thomas Kent and Nancy Kent v. S.C. Maxwell Family Partnership, LTD. , cause number 35517, pending in the 335th District Court of Washington County, Texas, the Honorable Carson Campbell presiding.
# C_2011269EN.01005401.xml

| 10.9.2011 | EN | Official Journal of the European Union | C 269/54 |
| --- | --- | --- | --- |

10.9.2011

EN

Official Journal of the European Union

C 269/54

---

Action brought on 11 July 2011 — Monier Roofing Components v OHIM (CLIMA COMFORT)

(Case T-371/11)

2011/C 269/119

Language of the case: German

Parties

Parties

Applicant: Monier Roofing Components GmbH (Oberursel, Germany) (represented by F. Ekey, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2011 in Case R 2026/2010-1; |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2011 in Case R 2026/2010-1;

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘CLIMA COMFORT’ for goods in class 17 — application No 9175324.

Community trade mark concerned:

Decision of the Examiner: Registration refused.

Decision of the Examiner:

Decision of the Board of Appeal: Appeal dismissed.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and Articles 75 and 76 of Regulation No 207/2009 in so far as (i) the Board of Appeal proceeded on the basis of erroneous physical findings, without hearing the applicant in that respect; (ii) the Board of Appeal was under a duty to establish the facts of its own motion; and (iii) the Board of Appeal erred in its assessment of the quality and intended purpose of the goods in question and in its findings as to the significance of the sign ‘CLIMA COMFORT’ in relation to the goods in question.

Pleas in law:

---