alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### INLAND AMERICAN YACHT CLUB *v.*COUNTRY CLUB OF DETROIT.

Trusts — Use oe Trust Fund — Trustee May be Reimbursed From Trust Fund.

Where money was given in trust to Country Club to be used for yachting, purposes, and club expended money in excess of amount of gift for said purpose, it was proper for it to reimburse its general or surplus fund by charging into it said special gift fund.

Appeal from Wayne; Perkins (Willis B.), J., presiding.

Submitted April 7, 1932.

(Docket No. 34, Calendar No. 36,359.)

Decided June 6, 1932.

Assumpsit by Inland American Yacht Club, a voluntary association, and another against Country Club of Detroit, a Michigan corporation, for breach of condition of a trust of money. Judgment for defendant. Plaintiffs appeal.

Affirmed.

*Robert M. Brownson (Kenneth Murray,*of counsel), for plaintiffs.

*424
      *Beaumont, Smith $ Harris,*for defendant.

Clark, C. J.

Inland American Yacht Club, a voluntary association, in 1908, was near the end of its active existence and had nearly $4,000 on hand. Many of its members were also members of defendant Country Club of Detroit} a corporation. The Yacht Club gave the sum to the Country Club to be used for yachting purposes, and it was so accepted. The item was carried on the books of the Country Club as a separate account and so continued without change until 1918, when it was charged into surplus or general account. Because of the investments of funds of the Country Club, it was still possible, in 1929, to trace the fund in question and to identify an investment as from the fund. Some color was afforded to the claim that the fund had not been used for yachting purposes, so plaintiff Truman H. New-berry, a former member of the Yacht Club, began this suit in his own name, and, as a few surviving members of such club also favored action, the suit is brought in the name of the Yacht Club.

The theory of recovery in this action of law is breach of condition. Defendant proved to the satisfaction of the trial court that, prior to 1918, when the account was charged off, it had expended for 'yachting purposes, being repair and maintenance of dock, boats, attendants, etc., more than the amount of the gift.

Defendant prevailed in a trial without a jury. Plaintiffs have appealed.

As we approve the finding on the merits by the trial judge, we pass the questions of plaintiffs ’ right to bring suit and of statute of limitations.

Defendant may not have expended the very dollars of the gift for yachting purposes, but it expended *425many dollars for such purposes, the total of which was and is far in excess of the amount of the gift, and it "was proper to reimburse the general or surplus fund by charging into it the-special gift fund. *In re Howard’s Estate,*163 Mich. 556; 2 Perry on Trusts (4th Ed.), § 485.

"We have considered fully the points made by appellants, and think further discussion unnecessary. The decision of the trial judge is right in fact and in law.

Affirmed.

McDonald, Potter, Sharpe, North, Fead, Wiest, and Butzel, JJ., concurred.
Order entered August 7, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-01270-CV

REGINA DELL BROWN, ET AL., Appellants

V.

MERRY OUTLAW, Appellee

On Appeal from the 116th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-06513

ORDER

Appellee’s brief was originally due on July 25, 2018. Before the Court is appellee’s 

August 3, 2018 motion requesting an extension of time to September 28 to file a brief. We 

GRANT the motion to the extent that appellee shall file a brief by August 27, 2018.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
#### David EVANS, Appellant, v. STATE of Florida, Appellee.

No. 71-738.

District Court of Appeal of Florida, Fourth District.

Oct. 5, 1971.

Appeal from Circuit Court, Palm Beach County; Joseph P. Metzger, Judge.

Appeal quashed.
EXCESS EQUIPMENT DISPOSAL REPORT 

JCP FORM NO. 7 (Rev. 4--M) 

Department headquarters shall submit one copy of this form to the Joint Committee on Printing within 30 days after completion 

of disposal action. Equipment to be reported on this form includes (a) all items listed in column 1 of paragraph 9 determined 

to be unserviceable or valued at $100 or less except equipment replaced by like items and reported on JCP Form No. 9, and (b) 

all items in column 2 of paragraph 9. 

NAME OF DEPARTMENT OR AGENCY NAME AND LOCATION OF PLANT OR INSTALLATION JCP AUTHORIWHERE EQUIPMENT WAS USED OR STORED ZATION NO., 

IF PLANT 

DESCRIPTION 

AGE Yr,���!° ESTIMATED 

Group SERIAL NO. SIZE MODEL and identify by type of machinery in tbe following order: VALUE 

Coml)OSing. platemaking, vrinting presses, binding, and related equipment. 

• 

SIGNATURE (Designated Official) TITLE DA TE SUBMI'ITED 

•Condition: U =uneervicee.ble; S =serviceable. l&-76898--3 U.I. �OYIIINMENT P■INTING OFFICE
<PAGE>   1



                                                                      EXHIBIT 12



                    GTE FLORIDA INCORPORATED AND SUBSIDIARIES
        Statement of the Consolidated Ratio of Earnings to Fixed Charges
                                   (Unaudited)


<TABLE>
<CAPTION>

(Dollars in Millions)                                 Six Months Ended   Six Months Ended
                                                        June 30, 1999    June 30, 1999 (a)
                                                      ----------------  -------------------
<S>                                                    <C>              <C>

Net earnings available for fixed charges:
  Income from continuing operations                    $          99.6  $              99.6
  Add   - Income taxes                                            63.6                 63.6
        - Fixed charges                                           72.2                 36.4
                                                       ---------------  -------------------

Adjusted earnings                                      $        235.4   $             199.6
                                                       ===============  ===================

Fixed charges:
  Interest expense                                     $          67.9  $              32.1
  Portion of rent expense
      representing interest                                        4.3                  4.3
                                                       ---------------  -------------------

Adjusted fixed charges                                 $          72.2  $              36.4
                                                       ===============  ===================


RATIO OF EARNINGS TO FIXED CHARGES                                3.26                 5.48
</TABLE>



(a)  Excludes $35.8 million of interest expense associated with commercial
     paper issued by the Company's wholly-owned subsidiary, GTE Funding
     Incorporated (GTE Funding), on behalf of GTE's other domestic telephone
     operating subsidiaries. This interest is approximately equal to the
     interest income received by the Company on affiliate notes between GTE
     Funding and such domestic telephone operating subsidiaries. GTE Funding
     provides short-term financing and investment vehicles and cash management
     services for the Company and six other of GTE's domestic telephone
     operating subsidiaries.
COMMONWEALTH OF KENTUCKY 

Matthew G. Bevin 

Governor 

December 16, 2015 

Mr. Byron K. Huffman, Acting Director 

Office of Airport Compliance and Management Analysis 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Re: Revenue Use Policy 

Dear Mr. Huffman: 

This is in response to your letter of November 24, 2015, regarding the abovereferenced matter. 

The Commonwealth of Kentucky is exempt from compliance with the FAA 

Aviation Fuel Tax policy. The collection of Kentucky's sales tax on aviation fuel was 

levied in 1960 when the state sales tax statute (KRS 139 .200) was first enacted. The 

Kentucky Department of Revenue, as well as the Office of the State Budget Director, has 

confirmed that said tax on aviation fuel has been collected long before the December 31, 

1987 federal exemption date and this qualifies for its "grandfathered" status. 

c: Office of the Governor 

~-rl:""dlflCOC , P.E . 

._~~tmg Secretary 

Winn Turney, Commissioner of Aviation 

An Equal Opportunity Employer M/F/D
EXHIBIT
10.60




Third
Amendment
 to
 Employment
Agreement
 
 This
Third Amendment to Employment
Agreement(the “Third Amendment”), is being entered into effective
December 10, 2009 by and between ImageWare Systems, Inc., a Delaware corporation
(the “Company”) and Mr. S. James Miller Jr. (the “Executive”).
 
 WHEREAS,
the Company and Executive entered into an Employment Agreement dated as of
September 27, 2005 and subsequently amended on September 27, 2008 and again on
April 6, 2009 (as amended, the “Employment Agreement”);
 
 WHEREAS, the Executive
continues to perform valuable services for the Company and the Company desires
to assure itself of the continuing services of Executive; and
 
 WHEREAS, in consideration of
the foregoing and in order to amend the terms of the Agreement and to provide
for the continued services of the Executive in accordance with the present
intent of the Company and the Executive.
 
 NOW THEREFORE, in
consideration of the foregoing and for other good and valuable consideration,
receipt of which is hereby acknowledged, and in further consideration of the
mutual covenants contained in the Employment Agreement, the parties do hereby
agree that the Employment Agreement is hereby amended as follows:
 
 1.
              Section“2.Term
      of Agreement”strike the
      language “continue until December 31, 2009” and replace it with “continue
      until December 31, 2011”.
  2.
              Except
      as expressly amended herein, the Employment Agreement shall continue and
      be in full force in all respects.
  
 
 _________________________________                                          
_________________________________
 
 ImageWare
Systems,
Inc.                                                                           S.
James Miller
EX-10.13






 Apria, Inc. has requested confidential treatment of this registration statement and
associated correspondence 
 pursuant to Rule 83 of the Securities and Exchange Commission. 

 

 Exhibit 10.13 
  





 
 26220 Enterprise Court 

Lake Forest, California 92630 

Tel 949.639.2000 

December 20, 2019 
 Ms. Debra Morris

  

			
		  	 Re: Your Apria Healthcare Group Inc. (“AHG”) Restricted Stock Unit

(“RSU”) grant pursuant to letter dated July 24, 2018 (“Grant Letter”)


 Dear Debby: 

The purpose of this letter is to evidence our agreement to adjust the terms of your Grant Letter to compensate for the effect the $75 Million
dividend distribution declared by the Apria Healthcare Group Inc. (the “Company”) Board of Directors on June 19, 2018 and subsequently paid. Accordingly, the first sentence of the second paragraph of the Grant Letter is hereby
amended and restated in full as follows: 
 You will be granted a number of restricted stock units (the “RSUs”) equal to
0.4% of the amount by which the equity value of the Company exceeds $164.142 million, as measured on the earlier to occur of (i) pricing of an initial public offering of common stock of the Company (or an affiliate) (an
“IPO”) or (ii) immediately prior to the closing of a Change of Control (as defined in the Company’s 2015 Stock Plan) (as applicable, the “Transaction”). 

Kindly return a signed copy of this letter agreement to the undersigned by December 31, 2019, at which time this amendment to the Grant
Letter shall become a binding agreement between you and the Company, enforceable in accordance with its terms. This letter agreement may be executed in several counterparts, each of which shall be deemed an original but which together shall
constitute one and the same instrument. Thank you for all your hard work and dedication! 
  

	
	Very truly yours,
	
	 /s/ Daniel J. Starck

	Daniel J. Starck
	Chief Executive Officer

 Agreed to and Accepted: 
  

	
	 /s/ Debby Morris

	Debby Morris
# C_2020433EN.01006701.xml

| 14.12.2020 | EN | Official Journal of the European Union | C 433/67 |
| --- | --- | --- | --- |

14.12.2020

EN

Official Journal of the European Union

C 433/67

---

Action brought on 2 November 2020 — Jakober v EUIPO (Shape of a cup)

(Case T-658/20)

(2020/C 433/83)

Language of the case: German

Parties

Applicant: Philip Jakober (Stuttgart, Germany) (represented by: J. Klink, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Tridimensional EU trade mark (Shape of a cup) — Application for registration No 15 963 994

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 20 August 2020 in Case R 554/2020-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | alter the contested decision so that his appeal is well-founded and, consequently, EU trade mark application No 15 963 994 be allowed to proceed to entry in the register of EUIPO; |
| --- | --- |

—

alter the contested decision so that his appeal is well-founded and, consequently, EU trade mark application No 15 963 994 be allowed to proceed to entry in the register of EUIPO;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
5

Attachment 1

The relief provided by Exemption No. 5549N is limited to the certificate holders listed
below 1 :

Airlines for America Alaska Airlines, Inc. American Airlines, Inc. and/or US Airways, Inc. Atlas Air, Inc. Federal Express Corporation Hawaiian Airlines, Inc. JetBlue Airways Corporation
Southwest Airlines Co. United Airlines, Inc
United Parcel Service Co.

Additional Certificate Holders 2 Air Transport International, Inc. Delta Air Lines, Inc. Frontier Airlines, Inc. MN Airlines, LLC (DBA Sun Country Airlines) Spirit Airlines, Inc.

1 Attachment amended December 13, 2016.

2 Additional certificate holders petitioned for exempti on through the following FAA Docket Numbers: Air Transport International Inc. FAA-2016-9085, Delta Air Lines, Inc. FAA-2016-8237, Frontier Airlines, Inc. FAA-2016-9441, MN Airlines, LLC (DBA Sun Country Airlines) FAA-2016-9136, and Spirit Airlines, Inc.
FAA-2016-9440.
#### PHILIP C. JONES and JOHN SPENCER *vs.*DAVID MORRIS.

Certiorari.

Judgment was rendered against the defendants below, on the re*105port of referees for $23 62, The defendants below prayed an appeal. The justice on application of the plaintiff below, granted a ■new trial, and without the request of either party, ordered the case to be heard by referees. They made a report on the second trial, and the justice entered judgment for a greater sum than that mentioned in the award.

Judgment and proceedings below reversed.
# Official Journal L 107/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.107.eng |
| --- | --- |
| Official Journal
  of the European Union | L 107 |
| | |
| English edition | Legislation | Volume 5617 April 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.107.eng

Official Journal

of the European Union

L 107

English edition

Legislation

Volume 5617 April 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 341/2013 of 16 April 2013 on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2012/2013 in Annex IX to Council Regulation (EC) No 1234/2007 | 1 |
| | * | Commission Implementing Regulation (EU) No 342/2013 of 16 April 2013 amending Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs | 4 |
| | | Commission Implementing Regulation (EU) No 343/2013 of 16 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 5 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 341/2013 of 16 April 2013 on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2012/2013 in Annex IX to Council Regulation (EC) No 1234/2007

1

*

Commission Implementing Regulation (EU) No 342/2013 of 16 April 2013 amending Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs

4

Commission Implementing Regulation (EU) No 343/2013 of 16 April 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

5

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
IV

103D CONGRESS

2D SESSION H. RES. 346

Providing amounts from the contingent fund of the House for expenses

of investigations and studies by the Committee on the District of Columbia in the second session of the One Hundred Third Congress.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1994

Mr. STARK submitted the following resolution; which was referred to the

Committee on House Administration

RESOLUTION

Providing amounts from the contingent fund of the House

for expenses of investigations and studies by the Committee on the District of Columbia in the second session

of the One Hundred Third Congress.

1 Resolved, That (a) for expenses of investigations and

2 studies by the Committee on the District of Columbia

3 (hereinafter in this resolution referred to as the ‘‘Commit4 tee’’), including expenses for—

5 (1) procurement of consultant services under

6 section 202(i) of the Legislative Reorganization Act

7 of 1946; and
2

•HRES 346 IH

1 (2) provision of assistance for members of pro2 fessional staff in obtaining specialized training under

3 section 202(j) of such Act;

4 there shall be paid out of the contingent fund of the House

5 not more than $342,035.

6 (b) Not more than $8,000 of the amount specified

7 in subsection (a) may be used for consultant services re8 ferred to in paragraph (1) of such subsection and not more

9 than $1,000 of such amount may be used for specialized

10 training referred to in paragraph (2) of such subsection.

11 SEC. 2. Payments under this resolution shall be made

12 on vouchers authorized by the Committee, signed by the

13 chairman of the Committee, and approved by the Commit14 tee on House Administration.

15 SEC. 3. Amounts shall be available under this resolu16 tion for investigations and studies carried out during the

17 period beginning at noon on January 3, 1994, and ending

18 immediately before noon on January 3, 1995.

19 SEC. 4. Amounts made available under this resolution

20 shall be expended in accordance with regulations pre21 scribed by the Committee on House Administration.

Æ
#### BANK OF WILMINGTON AND BRANDYWINE *vs.*GEORGE G. SHARPE.

Judgment against one of three joint obligors vacated for want of authority to enter it severally.

Judgment d. s. b.; confessed Oct. 21, 1833, for $1,267 57; interest from August 17, 1833.

Rule to show cause why the judgment should not be set aside ; and why the plaintiff should not file a copy of the warrant of attorney, on which said judgment was confessed.

The rule was obtained on the motion of Mr. Bayard and affidavit of Jesse Sharp, administrator of George G. Sharpe, that the bond and warrant of attorney in this case was a joint bond and warrant of this defendant and two others, viz: James White and Robert Gardiner.

The President of the Bank made an affidavit that he could find, *171no bond and warrant of attorney among the papers of the Bank of Wilmington and Brandywine, that would authorize such a judgment against George G. Sharp alone. A judgment was entered November 22, 1848, against James White and Robert Gardiner, survivors of George G. Sharpe, for the real debt of $1,267 57; interest from August 17, 1833; which judgment was stricken off by the court, for want of a several warrant. No other bond was produced.

Patterson, for plaintiff.

*J. A. Bayard,*for defendant.

*Mr.*Bayard.

The bank produces no authority for the entry of this judgment. The bond produced, on which the last judgment was entered, is no doubt the same bond. The only question then is, whether this bond and warrant of attorney authorizes this judgment.

*Mr.*Patterson.

The presumptions after so great a time are in favor of this judgment.

Rule absolute.
257 La. 857

#### Succession of B. J. CHAUVIN, Sr.

No. 51139.

Supreme Court of Louisiana.

Feb. 24, 1971.

In re: B. J. Chauvin, Jr. applying for certiorari, or writ of review to the Court of Appeal, Fourth Circuit, Parish of Orleans. 242 So.2d 340.

Writ refused. On the facts found by the Court of Appeal, there is no error of law in its judgment.

DIXON, J.,

is of the opinion that writs should be granted on whole case, instead of on one application only.
EXHIBIT 99.2





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 Annual Report on Form 10-K of Incara Pharmaceuticals
Corporation (the Company) for the period ended September 30, 2002 as filed with the Securities and Exchange Commission on or about the date hereof (the Report), I, Richard W. Reichow, Executive Vice President, Chief Financial
Officer and Treasurer, hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 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) |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and
for, the periods presented in the Report.
| | --- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




/s/ RICHARD W. REICHOWRichard W. Reichow Executive Vice President, Chief Financial Officer and Treasurer January 28,
2003
258 La. 918

#### STATE of Louisiana v. William Howard HUDSON, Jr.

No. 51487.

Supreme Court of Louisiana.

June 11, 1971.

In re: William Howard Hudson, Jr. applying for writs of certiorari, prohibition, mandamus and stay order.

Writ and stay order denied. Relator has an adequate remedy in the event of conviction.