alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FI L ED U.S. COURT OF APPEAL S EL EVENTHCI RCUI T APRI L29, 2011 J OHN L EY CL ERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 1 0- 12 37 5

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock etNos . 1: 09 -m d- 02 03 6- JLK,

1: 10 -cv -2 04 78 -J LK InRe: CHECKING ACCOUNT OVERDRAFT LITIGAT ION

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ MAXINE AARONS GIVEN, Ind iv idua ll y an d on be ha lf o f al l o th er s im il arl y si tu at ed , Pl ai nt iff -Ap pe ll ee,
ve rs us M & T BANK CORPORATION, a New Yorkco rp or at io n, in di vi du al ly andop erat in g b y an d t hr ou gh M&T Ba nk , MANUFACTURERS AND TRADE RS TRUST COM PANY, a.k .a. M&T Ba nk , Defen da nt s- App el la nt s.

__ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S ta te s Di st ric t Co urt fo r th e So ut he rnDis tri ctof F lo rid a

__ __ __ __ __ __ __ __ __ __ __ __ (Ap ril 29 , 20 11 )Befo re PRYOR an d C OX, Circ ui t J ud ge s, an d WATKINS, Dis tri ctJu dg e. * PER CURI AM: Afte r or al arg um en t in th is cas e, th e Uni te d St at es Supr em e Co urt de ci de d AT& T Mob il it

y LLC v. Co nc ep ti on , No. 09 -8 93 , 20 11 W L 15 61 95 6 (Ap ril 27 , 20 11 ). T he di st ric t co urt’s or de r de nyin g th e m ot io n to co m pe l arb it rat io n is VACATED, and th is cas e is rem an de d to th e di st ric t co urt fo r reco ns id erat io n in li gh t of th e Supr em e Co urt’s o pi ni on . VACATED AN D REMANDED. 1

Honora ble W. Keith Watkins, United States District J udg e fo r t h e M i d dle District of * Alabama , sitti ngby

desig nation. This is an unlimi ted re mand. 1 2
<PAGE>   1
                                                                   EXHIBIT 10.35

             SECOND AMENDMENT TO THE 1994 EQUITY PARTICIPATION PLAN

                            OF DOUBLETREE CORPORATION



      This Second Amendment to the 1994 Equity Participation Plan of Doubletree
Corporation (the "Amendment") is adopted by Doubletree Corporation, a Delaware
corporation (the "Company"), effective as of April 22, 1996.


                                R E C I T A L S :


      A. The Company's 1994 Equity Participation Plan (the "Incentive Plan") was
adopted by the Board of Directors (the "Board") on June 3, 1994, and approved by
the stockholders of the Company on June 30, 1994. On January 27, 1995, the Board
adopted, and on April 25, 1995, the stockholders of the Company approved the
First Amendment to the Incentive Plan.

      B. The Incentive Plan currently states that shares of stock of the Company
subject to the Incentive Plan shall not exceed two million (2,000,000). This
second amendment increases the aggregate number of shares of stock subject to
the Incentive Plan from two million (2,000,000) to three million three hundred
thousand (3,300,000).

      C. Section 10.2 of the Incentive Plan provides that the Board may amend
the Incentive Plan, subject in certain instances to receipt of approval of the
stockholders of the Company.

      D. Effective February 13, 1996, the Board unanimously recommended and the
Board unanimously adopted this Second Amendment in the form given below ("Second
Amendment").

      E. The Second Amendment was approved by the stockholders of the Company at
its Annual Meeting of Stockholders held on April 22, 1996.

                                SECOND AMENDMENT

      1. Section 2.1(a) of the Incentive Plan is hereby amended to read in its
entirety as follows:

                  2.1 Shares Subject to the Plan.

                  (a) The shares of stock subject to Options, awards of
            Restricted Stock, Performance Awards, Dividend Equivalents, awards
            of Deferred Stock, Stock Payments or Stock Appreciation Rights shall
            be Common Stock, initially shares of the Company's Common Stock, par
            value $.01 per share. The aggregate number
<PAGE>   2
            of such shares which may be issued upon exercise of such options or
            rights or upon any such awards under the Plan shall not exceed three
            million three hundred thousand (3,300,000). The shares of Common
            Stock issuable upon exercise of such options or rights or upon any
            such awards may be either previously authorized but unissued shares
            or treasury shares.

      The undersigned, David L. Stivers, Secretary of the Company, hereby
certifies that the Board and the stockholders of the Company adopted the
foregoing Second Amendment as stated above.

      Executed at Phoenix, Arizona this 22nd day of April, 1996.

                          
                              /s/  David L. Stivers
                              _________________________________________
                              David L. Stivers, Secretary
I

103D CONGRESS

2D SESSION H. R. 4101

To amend title 28, United States Code, to create a southern division in

the Northern Judicial District of Illinois.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1994

Mr. SANGMEISTER (for himself, Mr. LIPINSKI, and Mr. COSTELLO) introduced

the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to create a southern

division in the Northern Judicial District of Illinois.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CREATION OF SOUTHERN DIVISION.

4 Section 93(a) of title 28, United States Code, is

5 amended—

6 (1) in paragraph (1) by striking ‘‘Grundy,

7 Kane, Kendall, Lake, La Salle, and Will’’ and in8 serting ‘‘Kane, and Lake’’; and

9 (2) by adding at the end the following:
2

•HR 4101 IH

1 ‘‘(3) The Southern Division comprises the coun2 ties of Grundy, Kendall, La Salle, and Will.

3 Court for the Southern Division shall be held at

4 Joliet.’’.

5 SEC. 2. EFFECTIVE DATE.

6 (a) IN GENERAL.—This Act and the amendments

7 made by this Act shall take effect 180 days after the date

8 of the enactment of this Act.

9 (b) PENDING CASES NOT AFFECTED.—This Act and

10 the amendments made by this Act shall not affect any ac11 tion commenced before the effective date of this Act and

12 pending in the United States District Court for the North13 ern District of Illinois on such date.

14 (c) JURIES NOT AFFECTED.—This Act and the

15 amendments made by this Act shall not affect the com16 position, or preclude the service, of any grand or petit jury

17 summoned, empaneled, or actually serving in the Northern

18 Judicial District of Illinois on the effective date of this

19 Act.

Æ
I

103D CONGRESS

2D SESSION H. R. 4154

To amend section 377 of title 28, United States Code, to designate certain

retired bankruptcy judges and magistrate judges as senior judges.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1994

Mr. REED introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To amend section 377 of title 28, United States Code, to

designate certain retired bankruptcy judges and magistrate judges as senior judges.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DESIGNATION OF SENIOR JUDGES.

4 Section 377 of title 28, United States Code, is

5 amended—

6 (1) in subsection (a) by adding at the end the

7 following: ‘‘A bankruptcy judge or magistrate judge

8 who retires under this subsection shall be designated

9 ‘senior bankruptcy judge’ or ‘senior magistrate

10 judge’, respectively, for so long as such judge or
2

•HR 4154 IH

1 magistrate remains eligible for recall under sub2 section (m).’’; and

3 (2) in subsection (b) by adding at the end the

4 following: ‘‘A bankruptcy judge or magistrate judge

5 who retires under this subsection shall be designated

6 ‘senior bankruptcy judge’ or ‘senior magistrate

7 judge’, respectively, for so long as such judge or

8 magistrate remains eligible for recall under sub9 section (m).’’.

10 SEC. 2. APPLICABILITY.

11 The amendments made by section 1 shall apply to

12 bankruptcy judges or magistrate judges who retire before,

13 on, or after the date of the enactment of this Act.

Æ
Selected unaudited quarterly financial data for the years ended December 31,
2003 and 2002 are summarized below:
<TABLE>
<CAPTION>
<S>                                                <C>                   <C>                <C>               <C>

                                       For the period from      For the period from  For the period from  For the period from
                                        October 1, 2003 to        July 1, 2003 to     April 1, 2003 to     January 1, 2003 to
                                        December 31, 2003        September 30, 2003      June 30, 2003       March 31, 2003

Net realized and unrealized trading
 gains (losses) net of expenses allocated
 from Master, brokerage commissions
 and clearing fees including interest
 income                                          $ 488,214             $ (2,046,050)        $ (760,568)         $ 4,372,243

Net Income (loss)                                $ 292,779             $ (2,262,395)        $ (997,371)         $ 4,049,785

Increase (decrease) in Net Asset
 Value per Redeemable Unit                         $ 33.97                $ (245.25)         $ (108.85)            $ 409.87

                                        For the period from        For the period from  For the period from  For the period from
                                         October 1, 2002 to          July 1, 2002 to     April 1, 2002 to     January 1, 2002 to
                                          December 31, 2002         September 30, 2002      June 30, 2002       March 31, 2002

Net realized and unrealized trading
 gains (losses) net of expenses allocated
 from Master, brokerage commissions
 and clearing fees including interest
 income                                       $ (2,648,207)             $ 5,864,987        $ 8,112,189         $ (2,713,985)

Net Income (loss)                             $ (2,842,644)             $ 5,624,328        $ 7,896,681         $ (2,921,060)

Increase (decrease) in Net Asset
 Value per Redeemable Unit                       $ (288.17)                $ 525.11           $ 639.01            $ (220.11)
</TABLE>


                                        F-13
<PAGE>
PricewaterhouseCoppers LLP

                                                     PricewaterhouseCoopers LLP
                                                     1177 Avenue of the Americas
                                                     New York   NY 10036
                                                     Telephone (646) 471 4000
                                                     Facsmile  (813) 286 6000


March 17, 2004

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Re: Shearson Mid-West Futures Fund

Commissioners:

We have read the statements made by Citigroup Managed Futures LLC (copy
attached), which we understand will be filed with the Commissions, pursuant to
Item 9 Form 10- K, as part of the Fund's Form 10-K report for the year ended
December 31, 2003.


Very truly yours,

/s/ PricewaterhouseCoopers LLP
    PricewaterhouseCoopers LLP
I

103D CONGRESS

2D SESSION H. R. 4106

To amend the Internal Revenue Code of 1986 to exclude national service

educational awards from gross income.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 1994

Mrs. KENNELLY introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to exclude

national service educational awards from gross income.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXCLUSION OF NATIONAL SERVICE EDU4 CATIONAL AWARDS.

5 (a) GENERAL RULE.—Section 117 of the Internal

6 Revenue Code of 1986 (relating to qualified scholarships)

7 is amended by adding at the end the following new sub8 section:

9 ‘‘(e) NATIONAL SERVICE EDUCATIONAL AWARDS.—

10 Gross income shall not include any amount received as a
2

•HR 4106 IH

1 national service educational award under subtitle D of title

2 I of the National and Community Service Act of 1990.’’

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply to amounts received after

5 October 1, 1993.

Æ
<TABLE> <S> <C>


<ARTICLE>                                            9
                     
<MULTIPLIER>                                   1,000
       
<S>                                           <C>
<PERIOD-TYPE>                                 YEAR
<FISCAL-YEAR-END>                             SEP-30-1997
<PERIOD-END>                                  SEP-30-1997
<CASH>                                          6,135
<INT-BEARING-DEPOSITS>                              0
<FED-FUNDS-SOLD>                                    0
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                    37,010
<INVESTMENTS-CARRYING>                         76,415
<INVESTMENTS-MARKET>                           74,600
<LOANS>                                       261,446
<ALLOWANCE>                                      (852)
<TOTAL-ASSETS>                                388,135
<DEPOSITS>                                    208,246
<SHORT-TERM>                                  133,817
<LIABILITIES-OTHER>                             2,710
<LONG-TERM>                                         0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                          450
<OTHER-SE>                                     42,912
<TOTAL-LIABILITIES-AND-EQUITY>                388,135
<INTEREST-LOAN>                                20,066
<INTEREST-INVEST>                               7,249
<INTEREST-OTHER>                                    0
<INTEREST-TOTAL>                               27,315
<INTEREST-DEPOSIT>                              9,339
<INTEREST-EXPENSE>                              7,007
<INTEREST-INCOME-NET>                          10,969
<LOAN-LOSSES>                                     120
<SECURITIES-GAINS>                                 48
<EXPENSE-OTHER>                                 7,130
<INCOME-PRETAX>                                 5,229
<INCOME-PRE-EXTRAORDINARY>                      3,124
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    3,124
<EPS-PRIMARY>                                    1.06
<EPS-DILUTED>                                    1.06
<YIELD-ACTUAL>                                   3.05
<LOANS-NON>                                       572
<LOANS-PAST>                                        0
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                                  776  
<CHARGE-OFFS>                                      50
<RECOVERIES>                                        6
<ALLOWANCE-CLOSE>                                 852
<ALLOWANCE-DOMESTIC>                              852
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0
        


</TABLE>
# C_2015199EN.01000301.xml

| 16.6.2015 | EN | Official Journal of the European Union | C 199/3 |
| --- | --- | --- | --- |

16.6.2015

EN

Official Journal of the European Union

C 199/3

---

Notice of the impending expiry of certain anti-dumping measures

(2015/C 199/03)

1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

1

2.   Procedure

Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

2

4.   This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- |
| Certain continuous filament glass fibre products | The People’s Republic of China | Anti-dumping duty | Council Implementing Regulation (EU) No 248/2011 imposing a definitive anti-dumping duty on imports of certain continuous filament glass fibre products originating in the People’s Republic of China (OJ L 67, 15.3.2011, p. 1). | 16.3.2016 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

3

Certain continuous filament glass fibre products

The People’s Republic of China

Anti-dumping duty

Council Implementing Regulation (EU) No 248/2011 imposing a definitive anti-dumping duty on imports of certain continuous filament glass fibre products originating in the People’s Republic of China (OJ L 67, 15.3.2011, p. 1).

16.3.2016

---

(1)  OJ L 343, 22.12.2009, p. 51.

1

(2)  Fax +32 22956505.

2

(3)  The measure expires at midnight of the day mentioned in this column.

3

---
#### In the Matter of the Estate of Henry G. Offerman, Deceased. Henry J. Offerman, as Executor of Henry G. Offerman, Deceased, Respondent; Eleanor Campbell, Appellant; Frank Schiraldi et al., Respondents. (Matter No. 1.) In the Matter of the Estate of George A. Offerman, Deceased. Henry J. Offerman, as Executor of George A. Offerman, Deceased, Respondent; Eleanor Campbell, Appellant; Frank Schiraldi et al., Respondents. (Matter No. 2.)

In proceedings to settle the accounts of the executor of two decedents’ estates, the objectant appeals, as limited by her brief, from so much of (1) a decree of the Surrogate’s Court, Suffolk County (Signorelli, S.), as in the Matter of Henry George Offerman, deceased (Matter No. 1), determined, after a nonjury trial, that certain *839real property was not owned by the objectant, and (2) a decree after a nonjury trial, of the same court, also dated August 14, 1989, as, in the Matter of George Anton Offerman, deceased (Matter No. 2), determined, after a nonjury trial, that certain real property was not owned by the objectant.

Ordered that the decrees are reversed insofar as appealed from, on the law, and the proceedings are remitted to the Surrogate’s Court, Suffolk County, for the entry of a decree in each proceeding in accordance herewith; and it is further,

Ordered that the objectant is awarded one bill of costs, payable by the estates.

Contrary to the conclusions of the Surrogate, we find that the objectant, the sister of the decedent George Anton Offer-man and daughter of the decedent Henry George Offerman, established that she had in fact taken title to the subject property prior to George Anton Offerman’s death. The objectant introduced into evidence a deed which bore George Anton Offerman’s signature. This fact was acknowledged by the executor. Moreover, she established that consideration was paid and therefore a valid conveyance was established. That the deed was not properly acknowledged does not vitiate the validity of the transfer as between the grantor and grantee *(see, Son Fong Lum v Antonelli,*102 AD2d 258, *affd*64 NY2d 1158). Accordingly, the objectant established that she owned the property, which has since been sold to a bona fide purchaser for value, at the time of her brother’s death and hence, it did not pass into her late father’s estate for distribution.

As conceded by the objectant, however, a setoff will be necessary to reflect her receipt of her share of the proceeds from the sale of the subject property, and to determine the amount of her claim against the estates. Accordingly, we remit the matters to the Surrogate’s Court, Suffolk County, for the entry of appropriate decrees consistent herewith. Bracken, J. P., Sullivan, Miller and Ritter, JJ., concur.
EXHIBIT 32.02
 
 
 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 Annual Report of Morgan Stanley Smith Barney Spectrum Strategic L.P. (the “Partnership”) on Form 10-K for the period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Christian Angstadt, Chief Financial Officer of Demeter Management LLC, the general partner of the Partnership, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 Partnership.
 
 
 
 
 
 
 By:             /s/         Christian Angstadt
 
 Name:                     Christian Angstadt
 Title:                      Chief Financial Officer of Demeter Management LLC,
 general partner of the registrant
 
 Date:                      March 29, 2010