alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lillian ALLEN, wife of/and Emmett Allen v. MEYDRICH’S FOOD STORE, INC., d/b/a Venus Gardens, et al.

No. 4613.

Court of Appeal of Louisiana, Fourth Circuit.

March 21, 1972.

Joseph Neves Marcal, III, New Orleans, for plaintiffs-appellants.

Robert J. Young, Jr., New Orleans, for defendants-appellees.

Before SAMUEL, REDMANN and STOULIG, JJ.

REDMANN, Judge.

Plaintiffs appeal from a judgment dismissing on the merits their suit for damages resulting from plaintiff wife’s eating part of a can of beans which allegedly contained worms. Defendants are the food packer and the retailer and their respective insurers.

Plaintiff wife testified she heated the beans in a pan and ate some, and became ill about a half hour later. She then examined the beans and found “they had a lot of small worms in them.” She had not seen any worms before she ate the beans. She testified the worms were “about big as a pin head”, numbering possibly over a hundred. Her corroborating witness testified they were almost an inch in length, numbering about two dozen.

The incident occurred September 3, 1968, and plaintiff wife kept the can of beans in her freezer until August 1970, at which time (with this suit then nearing trial) she threw it out because she was cleaning up her freezer.

*171The trial judge evidently did not believe plaintiff wife or her other witness and, in view of their inconsistent testimony (and also the destruction of the physical evidence), we are unable to say he erred in rejecting their testimony.

The judgment is affirmed.
Order entered January 30, 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 14
- 01463
- CV
YAN BENJAMIN WILHELM ASSOUN, Appellant
V. ANAIS AMBER GUSTAFSO N (A/K/A ANAIS AMBER ASSOUN) AND JOHN CHARLES GUSTAFSON, J R., Appellee s On Ap peal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429
- 02323
- 2014 

### O RDER Before the Court is appellant’s January 28, 2015, unopposed motion for extension of time to file appellant’s brief. On January 29, 2015, this Cour t noted the change in appellant’s counsel and on our own motion, we granted appellant an additional thirty days to file his brief. Consequently, appellant’s January 28, 2015, motion for extension of time to file appellant’s brief is DENIED as moot.

/s/ CRA IG STODDART JUSTICE
**EXHIBIT
      21.1**





**SUBSIDIARIES
      OF THE REGISTRANT**




All
      of
      the subsidiaries listed below are direct or indirect wholly-owned subsidiaries
      of Apollo Gold Corporation:




Apollo
      Gold, Inc. (a Delaware corporation)


Montana
      Tunnels Mining, Inc. (a Delaware corporation)


Mine
      Development Finance, Inc. (a Delaware corporation)


Minera
      Sol de Oro S.A. de C.V (a Mexican federal corporation)


Minas
      de
      Argonautas, S. de R.L. de C.V. (a Mexican federal limited
      partnership)
# Settlement Proposal for Cost - Reimbursement Type Contracts

                - Title:  Settlement Proposal for Cost - Reimbursement Type Contracts 
                - Form #:         SF1437      
                - Current Revision Date:  09/1997
                - Authority or Regulation:  FAR (48 CFR) 53.249(a)(4)

PDF versions of forms use Adobe      ReaderTM.      Download Adobe ReaderTM

Search for another form

Print PageEmail Page

Top
#### THE STATE *vs.*WILLIAM HALL.

Things attached to the freehold are not the subject of larceny.

Indicted for stealing four copper pipes, the property of Duncan & Woolaston.

It appeared on the evidence that these pipes were part of a steam engine, which was attached to a manufacturing establishment, in Wilmington.

*Mr. Wolfe,*

for the prisoner, contended that these pipes could not *be*the subject of larceny, being joined to the freehold and a part of it; and therefore the detaching and taking them away, if done at the same time, amounted only to a trespass.

The Attorney General in reply, admitted that there must be a severance of the engine or pipe from the building, before it could become the subject of *larceny;*but maintained that if after the severance, the article be laid down but for a moment, it became personal property; and that such was the proof in this case.

*The Court*

charged the jury, that the question whether this was or was not a larceny, did not depend on the prisoner laying down the pipes and taking them up again, but whether the severing and carrying away was *one continuous transaction.*Larceny is the felonious stealing, taking and carrying away the *personal*goods of another. If these pipes were not, when carried off, the personal goods of Duncan & Woolaston, they could not be stolen. As apart of the realty, they were not under the protection of the criminal law, so as to make the taking of them a felony. It was but a trespass. Whilst a part of the engine, which was itself a part of the building, they were a part of the building; and, if tbes taken and carried away, by one act of severance and separation, it did not come within the definition of larceny, not being a stealing and carrying away of *personal*property. But if they were severed by the defendant, or by another, at one time, so that they became personal property, and after they assumed this new character, were taken and carried away by him with a felonious intent, it was a case of 'larceny, and the prisoner ought to be convicted.

Verdict—guilty.
#### Hudson *v.*Gilliland.

Where a person has tortiously obtained possession of the property of another, and sold it and received the proceeds, the owner may waive the tort, and bring assumpsit for the price received.

*Appeal from Madison Circuit Court.*

Hon. William Story, Circuit Judge.

Hon. J. H. Walker, for appellant.

Where a party takes the property of another and sells it for money, the party aggrieved can maintain a count for money had and received. *Chitty on Con. (6 Eng.*Ed.), *678-680; 1*Ch. *PI., 100; % Greenl. Ev.,secs. 1W-1%1.*

Compton, J.

This case is brought here by appeal from the Madison circuit court.

The action was assumpsit, and the declaration contained a count for money had and received. At the trial — which was before the court sitting without a jury — the plaintiff introduced *101a witness, who testified that the defendant told him that he— the defendant — had stolen or taken two mules from the plaintiff, had sold them for seventy or eighty dollars each, and had received the money; and that, at the same time, the plaintiff asked the defendant if he did not think he ought to pay for the mules, and the defendant said he thought not. This was all the evidence introduced on either side; and upon this state of facts the court declared the law to he, that the plaintiff was not entitled to recover, and rendered judgment accordingly. This was erroneous. Where a person has tortiously obtained the possession of the goods of another, and sold them and received the proceeds, as was clearly shown in this case, the owner may, if he chooses to do so, waive the tort, and bring assumpsit for the price received. *Bowman v. Browning, 17 Ark., 599.*

Judgment reversed and cause remanded.
<PAGE>
                                                                   Page 17 of 17

                               GENESEE CORPORATION
                                AND SUBSIDIARIES


                                   EXHIBIT 32

                            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 Genesee Corporation (the "Company")
on Form 10-Q for the period ending August 2, 2003 as filed with the Securities
and Exchange commission on the date hereof (the "Report") I, Steven M. Morse,
Vice President and Chief Financial Officer (as Principal Financial Officer) of
the Company, certify pursuant to 18 U.S.C Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

                                      /s/ Steven M. Morse
                                      ------------------------------------------
                                      Steven M. Morse
                                      Vice President and Chief Financial Officer
                                      September 10, 2003



                            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 Genesee Corporation (the "Company")
on Form 10-Q for the period ending August 2, 2003 as filed with the Securities
and Exchange commission on the date hereof (the "Report") I, Stephen B. Ashley,
President of the Company, certify pursuant to 18 U.S.C Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

                                        /s/ Stephen B. Ashley
                                        -----------------------------------
                                        Stephen B. Ashley
                                        President
                                        September 10, 2003
Program: 0797-S 

Term: DATE OF AWARD to November 30, 2019

TITLE: Editorial Services

ITEM NO. BASIS OF 

I. EDITORIAL SERVICES AWARD UNIT RATE COST UNIT RATE COST UNIT RATE COST UNIT RATE COST UNIT RATE COST

(a) Text Only.............................per page..... 1045 $5.95 $6,217.75 $4.00 $4,180.00 $5.00 $5,225.00 $10.00 $10,450.00 $54.00 $56,430.00

(b) Text with Tables.................per page..... 55 $6.95 $382.25 $3.00 $165.00 $4.00 $220.00 $12.00 $660.00 $68.98 $3,793.90

© New Design Template.......per page..... 10 NC 0 $40.00 $400.00 $10.00 $100.00 $15.00 $150.00 $68.98 $689.80

CONTRACTOR TOTALS $6,600.00 $4,745.00 $5,545.00 $11,260.00 $60,913.70

DISCOUNT 2.50% $165.00 0.00% $0.00 0.00% $0.00 1.00% $112.60 0.00% $0.00

DISCOUNTED TOTALS $6,435.00 $4,745.00 $5,545.00 $11,147.40 $60,913.70

(Awarded)

ITEM NO. BASIS OF 

I. EDITORIAL SERVICES AWARD UNIT RATE COST UNIT RATE COST UNIT RATE COST UNIT RATE COST

(a) Text Only.............................per page..... 1045 $44.38 $46,377.10 $15.00 $15,675.00 $5.20 $5,434.00 $5.00 $5,225.00

(b) Text with Tables.................per page..... 55 $52.02 $2,861.10 $15.00 $825.00 $5.20 $286.00 $4.00 $220.00

© New Design Template.......per page..... 10 $11.90 $119.00 $125.00 $1,250.00 $5.90 $59.00 $10.00 $100.00

CONTRACTOR TOTALS $49,357.20 $17,750.00 $5,779.00 $5,545.00

DISCOUNT 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% $0.00

DISCOUNTED TOTALS $49,357.20 $17,750.00 $5,779.00 $5,545.00

FAIRFAX, VA

PROGRESSIVE PUB. 

YORK, PA

ICTECT, INC. 

STURTEVANT, WI

CALDERA COMM.

LARAMIE, WY

SeeWriteHear, LLC

SCOTTSDALE, AZ

SAFETY RESEARCH

DOTHAN, AL

SCHATZ PUBLISHING

BLACKWELL, OK

THOMAS ASSOCIATES

STEVENSVILLE, MD

Current Contractor

 PROGRESSIVE, INFO 

EMIGSVILLE, PA

TEJASVI, INC
EX-10.13





 Exhibit 10.13 

AMENDMENT TO 
 FARADAY
HOLDINGS, LLC 2015 EQUITY INCENTIVE PLAN 
 This Amendment (this “Amendment”) to the Faraday Holdings,
LLC 2015 Equity Incentive Plan (the “Plan”) is made and shall be effective as of July 27, 2016 (the “Effective Date”). Capitalized terms used but not defined herein shall have the meanings assigned in the Plan.

 WHEREAS, the members of the Board of Directors (the “Board”) of Faraday Holdings, LLC (the
“Company”) determined by unanimous vote at a meeting of the Board on the Effective Date that it is desirable and in the best interests of the Company to amend the Plan to increase the number of Units reserved for grant under the
Plan to fifty-five thousand six hundred eighty-nine (55,689) Units. 
 NOW, THEREFORE, in accordance with Section 15(b)
of the Plan, the Plan is hereby amended as follows: 
 1. Amendment. Section 5(a) of the Plan is hereby amended
and restated in its entirety as follows: 
 (a) Basic Limitations. The Common Units issuable under the Plan shall be
authorized but unissued Units or treasury Units. Subject to adjustment as provided in Section 11, the maximum aggregate number of Units that may be issued: 

(i) under the Plan shall not exceed fifty-five thousand six hundred eighty-nine (55,689) Units (the “Unit
Limit”); and 
 (ii) pursuant to the exercise of IUOs granted under this Plan shall not exceed fifty-five thousand
six hundred eighty-nine (55,689) Units (the “IUO Limit”). 
 2. Effect of Amendment. Except as
modified by this Amendment, the Plan shall remain in full force and effect. In the event of any conflict between this Amendment and the Plan, this Amendment shall control. 

  
 -1-
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31253-31254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14278]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD


Release of Waybill Data

    The Surface Transportation Board has received a request from the 
Port Authority of New York and New Jersey (WB18-19--6/20/18) for 
permission to use data from the Board's 2016 and 2017 Masked Carload 
Waybill Samples. A

[[Page 31254]]

copy of this request may be obtained from the Board's website under 
Docket No. WB 18-19.
    The waybill sample contains confidential railroad and shipper data; 
therefore, if any parties object to these requests, they should file 
their objections with the Director of the Board's Office of Economics 
within 14 calendar days of the date of this notice. The rules for 
release of waybill data are codified at 49 CFR 1244.9.
    Contact: Alexander Dusenberry, (202) 245-0319.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-14278 Filed 7-2-18; 8:45 am]
 BILLING CODE 4915-01-P
#### Betty Carol SCARBORO, Appellant, v. Robert Gerald SCARBORO, Appellee.

No. 71-256.

District Court of Appeal of Florida, Fourth District.

Sept. 24, 1971.

Appeal from Circuit Court, Orange County; Roger A. Barker, Judge.

Appeal dismissed.
Exhibit 32.1


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of title 18, United States Code), I, Howard
S. Modlin, Chairman of the Board, President and Chief Executive Officer, and I,
William G. Henry, Vice President, Finance and Administration and Chief Financial
Officer, each of General DataComm Industries, Inc. (the "Company"), do hereby
certify, to the best of my knowledge that:

     (1) The Company's Quarterly Report on Form 10-Q for the period ended
December 31, 2003 being filed with the Securities and Exchange Commission (the
"Report") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and

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

     This Certification accompanies this Form 10-Q as an exhibit, but shall not
be deemed as having been filed for purposes of Section 18 of the Securities
Exchange Act of 1934 or as a separate disclosure document of the Company or the
certifying officer.


                              /s/ Howard S. Modlin
                              ---------------------------------------
Date: February 13, 2004       Howard S. Modlin,
                                 Chairman of the Board, President and
                                 Chief Executive Officer


                              /s/ William G. Henry
                              ---------------------------------------
                              William G. Henry
                                 Vice President, Finance and Administration
                                 and Chief Financial Officer


                                       35
<Page>

                                                                     EXHIBIT 4.2


                              TERMINATION AGREEMENT

      Termination Agreement, dated July 18, 2001 (the "AGREEMENT"), by and among
DREAMLIFE, INC. (successor in interest to GHS, Inc.) (the "COMPANY"), Anthony J.
Robbins ("ROBBINS"), Robbins Research International Inc. ("ROBBINS RESEARCH")
and CYL Development Holdings LLC ("CYL").

      WHEREAS, the parties to this Agreement are all of the parties to the
Stockholders Agreement, dated May 27, 1999 (the "STOCKHOLDERS AGREEMENT");

      WHEREAS, each of the parties hereto desire to terminate the Stockholders
Agreement;

      NOW, THEREFORE, in consideration of the mutual promises made herein and
other good an valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agrees as follows:

1.    The parties hereto hereby agree to terminate in its entirety the
      Stockholders Agreement and upon the execution and delivery of this
      Agreement the Stockholders Agreement shall be of no further force or
      effect.

2.    This Agreement shall be construed and enforced in accordance with the laws
      of the State of New York without regard to principles of conflicts of laws
      thereof.

3.    This Agreement may be signed in two or more counterparts, each counterpart
      of which shall be deemed to be an original, all of which together shall be
      deemed to be one and the same instrument.


                  [Remainder of page intentionally left blank.]


<Page>


      In witness whereof the parties or their duly authorized officers have
executed this Termination Agreement as of the date first written above.

DREAMLIFE, INC. (as successor in interest to GHS, Inc.)


By: /s/ Peter A. Lund
    -----------------------------------
    Name:  Peter A. Lund
    Title: Chief Executive Officer



/s/ Anthony J. Robbins
---------------------------------------
    Anthony J. Robbins



ROBBINS RESEARCH INTERNATIONAL INC.


By: /s/ Anthony J. Robbins
    -----------------------------------
    Name:  Anthony J. Robbins
    Title:



CYL DEVELOPMENT HOLDINGS, LLC


By: /s/ David J. Roy
    -----------------------------------
    Name: David J. Roy
    Title: Member






                                       2
# Official Journal C 172/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.172.eng |
| --- | --- |
| Official Journal
  of the European Union | C 172 |
| | |
| English edition | Information and Notices | Volume 5516 June 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.172.eng

Official Journal

of the European Union

C 172

English edition

Information and Notices

Volume 5516 June 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 172/01 | Commission Communication in the framework of the implementation of Commission Regulation (EU) No 206/2012 of 6 March 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for air conditioners and comfort fans and of Commission delegated Regulation (EU) No 626/2011 of 4 May 2011 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of air conditioners (1) | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 172/01

Commission Communication in the framework of the implementation of Commission Regulation (EU) No 206/2012 of 6 March 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for air conditioners and comfort fans and of Commission delegated Regulation (EU) No 626/2011 of 4 May 2011 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of air conditioners (1)

1

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 172/02 | State aid — Sweden — State aid No SA.18857 (2012/C) (ex 2011/NN) — Alleged aid to VFAB and Ryanair Ltd — Invitation to submit comments pursuant to Article 108(2) of the TFEU (1) | 27 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 172/02

State aid — Sweden — State aid No SA.18857 (2012/C) (ex 2011/NN) — Alleged aid to VFAB and Ryanair Ltd — Invitation to submit comments pursuant to Article 108(2) of the TFEU (1)

27

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
JAMES LEWIS GIBSON JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D17-1290

_____________________________/

Opinion filed July 12, 2017. 

An appeal from the Circuit Court for Baker County.

James M. Colaw, Judge.

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, 

Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

ROWE, MAKAR, and JAY, JJ., CONCUR.
# C_2020247EN.01004201.xml

| 27.7.2020 | EN | Official Journal of the European Union | C 247/42 |
| --- | --- | --- | --- |

27.7.2020

EN

Official Journal of the European Union

C 247/42

---

Action brought on 29 May 2020 — Laboratorios Ern v EUIPO — Le-Vel Brands (Le-Vel)

(Case T-331/20)

(2020/C 247/58)

Language of the case: English

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: S. Correa Rodríguez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Le-Vel Brands LLC (Frisco, Texas, United States)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union word mark Le-Vel — Application for registration No 15 229 974

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 March 2020 in Case R 2113/2019-4

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | reject the European Union trade mark application ‘Le-vel’, No 15 229 974, for all goods and services in class 3 and 35; |
| --- | --- |

—

reject the European Union trade mark application ‘Le-vel’, No 15 229 974, for all goods and services in class 3 and 35;

| — | order EUIPO and the intervener (in case Le-Vel Brands, LLC. decides to intervene in the present proceedings) to pay the costs. |
| --- | --- |

—

order EUIPO and the intervener (in case Le-Vel Brands, LLC. decides to intervene in the present proceedings) to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---