alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### NATIONAL COUNCIL OF YOUNG ISRAEL, a New York corporation, not for profit, Appellant, v. Frank S. COSTA and Victoria Costa, Appellees.

No. 70-230.

District Court of Appeal of Florida, Third District.

Jan. 19, 1971.

*14Cypen & Nevins, and Stephen H- Cypen, Miami Beach, for appellant.

William T. Kruglak, II, Miami, for ap-pellees.

Before HENDRY and SWANN, JJ., and NATHAN, RAYMOND G., Associate Judge,

HENDRY, Judge.

Appellant-plaintiff, National Council of Young Israel, entered into a deposit receipt contract to purchase certain realty from appellee-defendants, the Costas. As a part of such contract, the parties executed an “Option to Purchase Agreement”; its alleged breach is the subject of this appeal.

The point appealed is whether the lower court erred in dismissing plaintiff’s complaints, and in entering final judgment in favor of the defendants upon the basis of the defendants’ motion for judgment on the pleadings. In more specific terms, where plaintiff alleged the existence of a written option, the oral modification thereof, supported by a writing signed by the party to be charged, plaintiff’s compliance with the terms and conditions of that amended option, the exercise of that option within the time prescribed in the amended option, and the refusal of the defendants to close the transaction, is such sufficient to state a cause of action and withstand a motion for judgment on the pleadings at the close of the pleadings? We are of the view that the allegations stated a cause of action and that the entry of judgment on the pleadings was error.

A general discussion of the Florida law respecting judgments on the pleadings appears in Butts v. State Farm Mutual Automobile Insurance Co., Fla.App.1968, 207 So.2d 73.

At issue in the lower court was whether the clause dealing with the option to purchase and the clause dealing with extention of • agreements were separate and distinct agreements, although contained in the same document. The lower court evidently concluded that the amendment of May 1, 1967, to the document entitled “Option to Purchase Agreement” only involved the “option to purchase” clause and not the “ex-tention of agreements” clause. A determination that the amendment only affected the “option to purchase” clause would preclude the plaintiff from stating a cause of action, for the option contract would have elapsed before the plaintiff’s exercise of the option under its original terms. However, such a conclusion should be reached upon the basis of proof, and the exhibits appended to the pleadings here are insufficient upon which to base such a conclusion, particularly where the crux of the suit is the terms of the parties’ amendment to the original document. See: 4 Williston on Contracts, § 595, pp. 224-230 and § 597, pp. 252-253 (3d ed.).

Reversed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6812

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LAMONT ANTWON SANDERS, a/k/a Twon,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. J. Frederick Motz, District Judge. 

(1:06-cr-00087-JFM-1)

Submitted: November 30, 2010 Decided: December 6, 2010

Before WILKINSON, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Lamont Antwon Sanders, Appellant Pro Se. Michael Joseph Leotta, 

John Walter Sippel, Jr., Assistant United States Attorneys, 

Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Lamont Antwon Sanders appeals the district court’s 

order denying his motion to correct the record. We have 

reviewed the record and find no reversible error. Accordingly, 

we affirm for the reasons stated by the district court. United 

States v. Sanders, No. 1:06-cr-00087-JFM-1 (D. Md. May 19, 

2010). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process.

AFFIRMED
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Home                 > Browse by Title > Collective Bargaining Provisions : Wage Adjustment Plans

              																	Weiss, Abraham, 1913-					 and 	Lehrer, Eleanor R. 						*Collective Bargaining Provisions : Wage Adjustment Plans : Bulletin of the United States Bureau of Labor Statistics, No. 908-09*,												Washington: 								U.S. Government Printing Office, 										1948,									https://fraser.stlouisfed.org/title/4397,			accessed on September 24, 2024.						    

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Prepared by MERRILL CORPORATION




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Exhibit 10(j)(2)  


 
 

AMENDMENT NO. 1
  
    TO
  
    EMPLOYMENT AGREEMENT    
  



        AGREEMENT, made as of October 10, 2001, by and between AEP Industries Inc., a Delaware Corporation (the "Company") and Paul M. Feeney ("Executive"). 


        WHEREAS,
by Employment Agreement, dated as of October 11, 1996, between the Company and the Executive (the "Employment Agreement"), the Company employed Executive for a term which
shall expire on October 11, 2001, and 


        WHEREAS,
the Company and Executive desire that the employment of Executive by the Company pursuant to the Employment Agreement be extended for a term of one year. 


        IT
IS, THEREFORE, hereby agreed by and between the parties, as follows: 



        3.    Paragraph 2
of the Employment Agreement is hereby modified so that the term of employment of Executive by the Company shall terminate on the earlier of
(i) October 11, 2002, and (ii) termination of Executive's employment pursuant to the Employment Agreement (such term of employment as hereby extended being known herein as the
"Term"); provided, however, that any termination of employment by Executive (other than for death or Permanent Disability) may only be made upon thirty
(30) days prior written notice to the Company. 


        4.    Except
as herein specifically modified, all of the terms and conditions of the Employment Agreement are continued in full force and effect. 


        IN
WITNESS WHEREOF, the parties have duly executed and entered into this Agreement, as of the date first above written. 



	 	 	AEP INDUSTRIES INC.
	

 	
 	

By:	
 	

S/A  J. BRENDAN BARBA        

	 	 	 	 	Name:	 	J. Brendan Barba
	 	 	 	 	Title:	 	President and Chief Executive Officer
	

 	
 	

 	
 	

S/A  PAUL M. FEENEY        
 Paul M. Feeney, Executive











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AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements of IKON Receivables LLC and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                      Other
<FISCAL-YEAR-END>                  Sep-30-1999
<PERIOD-END>                       Jun-30-1999
<CASH>                                   1,000
<SECURITIES>                                 0
<RECEIVABLES>                      807,784,000<F1>
<ALLOWANCES>                                 0
<INVENTORY>                                  0
<CURRENT-ASSETS>                             0
<PP&E>                                       0
<DEPRECIATION>                               0
<TOTAL-ASSETS>                   1,528,711,000
<CURRENT-LIABILITIES>                        0
<BONDS>                            696,537,000
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                     0
<OTHER-SE>                         830,440,000
<TOTAL-LIABILITY-AND-EQUITY>     1,528,711,000
<SALES>                                      0
<TOTAL-REVENUES>                    13,213,000
<CGS>                                        0
<TOTAL-COSTS>                                0
<OTHER-EXPENSES>                       748,000
<LOSS-PROVISION>                             0
<INTEREST-EXPENSE>                   4,530,000
<INCOME-PRETAX>                      7,935,000
<INCOME-TAX>                                 0
<INCOME-CONTINUING>                  7,935,000
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                         7,935,000
<EPS-BASIC>                                  0<F2>
<EPS-DILUTED>                                0<F2>
<FN>
<F1> Includes net investments in leases of $780,235,000 and other
accounts receivable.
<F2> Not required as the registrant is a wholly-owned subsidiary.
</FN>


</TABLE>
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Home                 > Browse by Title > Employee-Benefit Plans Under Collective Bargaining, Mid-1950

              																	Rowe, Evan Keith					 and 	United States. Bureau of Labor Statistics. 						*Employee-Benefit Plans Under Collective Bargaining, Mid-1950 : Bulletin of the United States Bureau of Labor Statistics, No. 1017*,												Washington: 								U.S. Govt. Print. Off., 										1951,									https://fraser.stlouisfed.org/title/4418,			accessed on September 17, 2024.						    

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Electronically FiledIntermediate Court of AppealsCAAP-11-000068214-SEP-201210:13 AM
<TABLE> <S> <C>


<ARTICLE>                     5


<LEGEND>



Exhibit 27

THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2000.


</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>               dec-31-1999
<PERIOD-END>                    sep-30-2000
<CASH>                                  0
<SECURITIES>                            0
<RECEIVABLES>                           266,441
<ALLOWANCES>                            (27,221)
<INVENTORY>                             1,171,641
<CURRENT-ASSETS>                        1,554,055
<PP&E>                                  3,193,180
<DEPRECIATION>                          (826,915)
<TOTAL-ASSETS>                          4,747,235
<CURRENT-LIABILITIES>                   959,791
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                                11,021,050
<OTHER-SE>                              2,072,779
<TOTAL-LIABILITY-AND-EQUITY>            4,747,235
<SALES>                                 454,611
<TOTAL-REVENUES>                        454,611
<CGS>                                   696,383
<TOTAL-COSTS>                           696,383
<OTHER-EXPENSES>                        616,035
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                      23,476
<INCOME-PRETAX>                         (881,283)
<INCOME-TAX>                            (15,105)
<INCOME-CONTINUING>                     0
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                            (866,178)
<EPS-BASIC>                             (.29)
<EPS-DILUTED>                           (.29)



</TABLE>
[Federal Register Volume 62, Number 185 (Wednesday, September 24, 1997)]
[Notices]
[Pages 50049-50050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25350]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33462]


Union Pacific Railroad Co.--Trackage Rights Exemption--The 
Houston Belt & Terminal Railway Co.

    The Houston Belt & Terminal Railway Company (HB&T) has agreed to 
grant local trackage rights to Union Pacific Railroad Company (UP) over 
HB&T's tracks in Houston, Harris County, TX, as follows: (1) The West 
Belt Subdivision between milepost 0.00 and connection at milepost 7.2; 
(2) the East Belt Subdivision between Belt Junction, at milepost 3.4, 
and GH&H connection, at milepost 12.5; and (3) the Columbia Tap near 
Pierce Junction, at SP milepost 9.2, to the end of the line.
    The transaction is scheduled to be consummated on or after October 
6, 1997.
    The purpose of the local trackage rights is to permit UP to provide 
service directly to shippers on HB&T's tracks and will result in an 
efficient and economical operation in the City of Houston.

[[Page 50050]]

    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33462, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Joseph D. Anthofer, Esq., 1416 Dodge Street, #830, Omaha, NE 
68179.

    Decided: September 15, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-25350 Filed 9-23-97; 8:45 am]
BILLING CODE 4915-00-P
Exhibit 23.1
 Consent of Independent Registered Public Accounting Firm
  (1)
    
    Registration Statement (Form S-8 No. 333-21679) of Sovran Self Storage, Inc.(2)
    
    Registration Statement (Form S-8 No. 333-42272) pertaining to the 1995 Award and
Option Plan and to the 1995 Outside Directors Stock Option Plan,(3)
    
    Registration Statement (Form S-8 No. 333-42270) pertaining to the Deferred
Compensation Plan for Directors of Sovran Self Storage, Inc.,(4)
    
    Registration Statement (Form S-8 No. 333-73806) pertaining to the 1995 Award and
Option Plan,(5)
    
    Registration Statement (Form S-8 No. 333-107464) pertaining to the 1995 Outside
Directors Stock Option Plan,(6)
    
    Registration Statement (Form S-8 No. 333-138937) pertaining to the 2005 Award and
Option Plan and,(7)
    
    Registration Statement (Form S-3 No. 333-138970) of Sovran Self Storage, Inc.;
# DLA Distribution Hill welcomes new director

/ Published Dec. 21, 2017
HILL, Utah, Jim McArthur has been named director of DLA Distribution Hill, Utah. 
A native of Utah, McArthur graduated from Weber State University with a Bachelor of Science in political science with a minor in aeronautical science.  Additionally, he holds a master’s degree from Embry-Riddle University in Aeronautical Science with a specialty in aviation safety.  

In 1996, McArther was commissioned from the University of Utah Reserve Officers’ Training Corps program as a 2nd Lt. in the United States Air Force and served in five different major commands, was a three time squadron commander and held several senior leadership roles in support of 13 different mission design series aircraft as an aircraft maintenance officer, acquisition specialist, program manager and staff officer.  He deployed in support of Operations Northern Watch and Iraqi Freedom and retired from the United States Air Force in 2016 with 20 years of service.   

His military training includes the Aircraft Maintenance Officer Course, Squadron Officer School, Air Command and Staff College, Command General and Staff College of the United States Army, and finally Air Command and Staff College.  

In 2016, McArther joined Lockheed Martin as the Field Team Operations program manager for the Industrial Product Support Vendor contract.  He was responsible for managing all FTO staffing in support of three USAF Air Logistics center contracts in Ogden, Utah; Oklahoma City, Oklahoma; and Warner Robins, Georgia worth $750 million for end-to-end supply chain management of more than 89,000 unique parts filling nearly a quarter million bins.
ALABAMA COURT OF CRIMINAL APPEALS

June 21, 2024

CR-2023-0692

John Kaleb Gillespie v. State of Alabama (Appeal from Morgan Circuit Court: CC19-89) 

NOTICE 

You are hereby notified that on June 21, 2024, the following action was taken 

in the above-referenced cause by the Court of Criminal Appeals:

Application for Rehearing Overruled.

D. Scott Mitchell, Clerk
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 on Form
10-Q of Niku Corporation (the Company) for the quarter ended October 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael Shahbazian, as Chief Financial Officer of the
Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



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



2. that information contained in this Report fairly presents, in all
material respects, the financial condition and results of operations of Niku Corporation for the period covered by the Report.



|                        |  |  |  |                          
|----------------------- |  |  |  | -------------------------
|                        |  | 
|Dated: December 6, 2004 |  |  |  | /S/    MICHAEL
SHAHBAZIAN
|                        |  |  |  | Michael Shahbazian       
|                        |  |  |  | Chief Financial Officer
#### Marva WATSON, Appellant, v. John L. WATSON, Appellee.

No. 70-603.

District Court of Appeal of Florida, Fourth District.

March 26, 1971.

Ralph L. Flowers, of Cunningham & Cunningham, West Palm Beach, for appellant.

Ben L. Bryan, Jr., of Sumner, Bryan & Koblegard, Fort Pierce, for appellee.

WALDEN, Judge.

This is a divorce case wherein the trial court awarded exclusive possession of the home premises owned as a tenancy by the entireties to the husband. Such award was error. Berger v. Berger, Fla.App.1966, 182 So.2d 279; Doran v. Doran, Fla.App.1968, 212 So.2d 100. Appellant’s other dissatisfac-tions with the final judgment are without merit and no abuse of discretion or reversible error as concerns them have been made to appear.

*132Upon remand the trial court is respectfully requested to delete that portion of the final judgment awarding possession of the home to the husband, thereby leaving the parties as tenants in common as to such property in accord with law. F.S. Section 689.IS, F.S.A.1969.

Reversed and remanded.

CROSS, C. J., and OWEN, J., concur.