alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Arthur L. LANG, Administrator of the Estate of Richard Klinkhammer, Plaintiff-Appellee, v. The ELM CITY CONSTRUCTION COMPANY et al., Defendant-Appellant.

No. 111, Docket 28357.

United States Court of Appeals Second Circuit.

Argued Oct. 29, 1963.

Decided Nov. 13, 1963.

*236John D. Fassett and Curtis II. Barnette, New Haven, Conn., for defendant-appellant. Wiggin & Dana, New Haven, Conn., on the brief.

Jacobs, Jacobs, Jacobs & Jacobs, New Haven, Conn., for plaintiff-appellee. Ira B. Grudberg, New Haven, Conn., of ■counsel.

Before SWAN, CLARK and MARSHALL, Circuit Judges.

PER CURIAM.

This is an appeal by The Elm City Construction Company from Judge Timbers’ order granting plaintiff’s motion for partial summary judgment and authorizing an immediate appeal pursuant to 28 U.S.C. § 1292(b). His opinion appears at 217 F.Supp. 873.

This is an action brought by the administrator of Klinkhammer’s estate to recover damages for his injury and death under the Connecticut Wrongful Death statute. Section 52-555 Conn.Gen.Stats. (1958 Revision). The decedent was a resident of Connecticut and all persons interested as beneficiaries of his estate are citizens of Connecticut, as are also the defendants. Federal jurisdiction is based on diverse citizenship, the plaintiff administrator being a citizen of Pennsylvania.

The facts are undisputed. On January 6, 1961, the Probate Court of North Branford appointed the decedent’s mother administrator of his estate. She resigned shortly thereafter and Lang was appointed her successor. This was for the purpose of creating diversity of citizenship so that suit could be brought in the federal court. The action was commenced November 1, 1961.

 The appeal presents two questions: (1) Did 28 U.S.C. § 1359 require dismissal because Lang “has been improperly or collusively made or joined to invoke the jurisdiction” of the federal court? Relying upon Corabi v. Auto Racing, Inc., 3 Cir., 264 F.2d 784, 75 A.L.R.2d 711, which is precisely in point, Judge Timbers held it did not. We agree with his decision. (2) The second question concerns the interpretation of a Connecticut statute, § 52-21 Conn.Gen. Stats. Appellant contends this destroys diversity jurisdiction. Judge Timbers held it did not. Again we agree with him.

Both counsel have argued the appeal with great ability. It has been a pleasure to hear such able arguments. But we *237see no necessity of adding to Judge Timbers’ thorough and well-reasoned opinion which discussed the pertinent authorities. The order is affirmed on the opinion below.
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EXHIBIT (10)(b)    
  


FIRST AMENDMENT TO  


 THE EMPIRE DISTRICT ELECTRIC COMPANY  


 EMPLOYEES' DISABILITY BENEFIT PLAN  


        WHEREAS, The Board of Directors of The Empire District Electric Company adopted an Employee's Disability Benefit
Plan (the "Plan") at its meeting held on October 23, 1986; and 


        WHEREAS, the Employer reserved the right to amend the Plan in Section 1.2; and 



        WHEREAS, The Board of Directors desire to amend the Plan and give oversight of determining the eligibility of any Employee and the amount
of disability benefits payable to such employee to the Retirement Committee of the Board of Directors; 


        NOW THEREFORE, The Plan is hereby amended effective as of April 25, 2002 in the following manner: 



	1.
	The
first paragraph of Subsection 1.2 of the Plan is hereby amended to read as follows: 




        The
Board of Directors of Empire reserves the right to change, amend or terminate this Policy at any time, and its establishment and maintenance shall create no vested right in any
Employee either before or after he becomes eligible for a disability benefit hereunder, and does not affect the tenure of employment of any Employee. The Retirement Committee of the Board of Directors
shall have discretionary authority to interpret the provisions of this Policy and to determine the eligibility of any Employee and the amount of disability benefits payable to such Employee hereunder. 


        IN WITNESS WHEREOF, the Employer has caused this First Amendment to The Empire District Electric Company Employees' Disability Benefit
Plan to be executed by its duly authorized representative on this 25th day of April 2002. 



	 	 	THE EMPIRE DISTRICT ELECTRIC COMPANY
	

 	
 	

By:	
 	

 
	 	 	 	 	

	 	 	Its President
	

ATTEST	
 	

 	
 	

 





	

By	
 	

 	
 	

 
	 	 	
	 	 
	Its Secretary

	 	 











QuickLinks



EXHIBIT (10)(b)
Exhibit 12.1

Central Power and Light Company
Consolidated Ratio of Earnings to Fixed Charges
For Years Ended December 31,

                             1999       1998      1997      1996      1995
                           ---------------------------------------------------
                                       (thousands, except ratios)

Operating income           $294,672  $282,926   $251,367  $285,647  $282,184
Adjustments
  Income taxes               83,508   126,738     39,329    47,227    51,755
  Provision for deferred
     income taxes            20,308    (8,253)    34,484    51,476   (30,025)
Deferred investment tax
     credits                 (5,207)   (3,858)    (4,819)   (5,553)   (5,789)
Charges for investments
     and plant development
     costs, net of tax           --        --     (1,281)  (15,569)       --
Other income and deductions   8,113       709      7,834     3,997    14,880
Allowance for borrowed
     and equity funds used
     during construction      4,532     2,822      3,778     1,845     4,514
Mirror CWIP amortization         --        --         --        --    41,000
                           ---------------------------------------------------
     Earnings              $405,926  $401,084   $330,692  $369,070  $358,519
                           ===================================================

Fixed charges:
 Interest on long-term debt $87,413   $93,301   $105,081  $110,375  $116,205
 Interest on short-term
     debt                    19,498    19,506     20,613    18,494    19,926
  Distributions on Trust
     Preferred Securities    12,000    12,000      7,533        --        --
                           ---------------------------------------------------
     Fixed Charges         $118,911  $124,807   $133,227  $128,869  $136,131
                           ===================================================


Ratio of earnings to
fixed charges                3.41       3.21      2.48      2.86      2.63




                                      4-16
U.S. DEPARTMENT OF AGRICULTURE

 Agricultural Marketing Service

NOTICE OF SALE OF PEANUTS

FOR RELEASE AT 1:30 P.M. CT December 11, 2019

U. S. Department of Agriculture, Agricultural Marketing Service today announced the sale of peanuts. The peanuts were sold 

under Peanut Invitation No. 15 dated December 4, 2019.

Catalog 

Lot

Catalog 

Location

Purchaser Tons Sold Bid Price 

(per ton)

CCC Revenue Peanut Type

Lot #47 7-2150 Birdsong Corp. 1,856.82 $ 385.51 $ 715,822.68 Runner 

Lot #48 7-2229 Golden Peanut & Tree Nuts 253.83 $ 406.00 $ 103,054.98 Spanish 

Lot #49 7-2229 Golden Peanut & Tree Nuts 669.76 $ 406.00 $ 271,922.56 Virginia 

Totals 2,780.41 $ 1,090,800.22
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LEON BRUNSON, JR.,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

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. 1D15-1323

Opinion filed April 8, 2015.

Petition for Writ of Habeas Corpus -- Original Jurisdiction.

Leon Brunson, Jr., pro se, Petitioner.

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

PER CURIAM.

The petition for writ of habeas corpus is dismissed.

ROWE, MARSTILLER, and MAKAR, JJ., CONCUR.
**EXHIBIT 13.1**

**CERTIFICATION OF**

**CHIEF EXECUTIVE 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 MFC Industrial Ltd. (the "Company") on Form 20-F for the year ended December 31, 2014, as filed with the Securities and Exchange Commission on the date hereof (the "Annual Report"), I, Gerardo Cortina, as Chief Executive Officer of the Company, hereby 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: 
|  | (i) | the Annual Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|--|-----|------------------------------------------------------------------------------------------------------------------------------------------|
|  | (ii) | the information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--|------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  | Date: | March 31, 2015 |
|--|-------|----------------|

*/s/ Gerardo Cortina            *By: Gerardo CortinaTitle: Chief Executive Officer

*This certification accompanies this Annual Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and**shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of**the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such certification will not be deemed to be**incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except**to the extent that the Company specifically incorporates it by reference.*
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-1141

ELLIS HARLEY BARBER,

Plaintiff - Appellant,

v.

CHIEF JUDGE HOWARD COUNTY CIRCUIT COURT; CHIEF JUDGE HOWARD 

COUNTY DISTRICT COURT; COMMANDERS AND CHIEFS OF SPECIFIC 

JURIS COURT HOUSE ELLICOTT CITY MD,

Defendants - Appellees.

Appeal from the United States District Court for the District of 

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

Judge. (1:14-cv-01826-JFM)

Submitted: April 16, 2015 Decided: April 21, 2015

Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ellis Harley Barber, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ellis Harley Barber seeks to appeal the district court’s 

order dismissing his complaint against state court judges as 

barred by the doctrine of judicial immunity. We dismiss the 

appeal for lack of jurisdiction because the notice of appeal was 

not timely filed.

Parties are accorded thirty days after the entry of the 

district court’s final judgment or order to note an appeal, Fed. 

R. App. P. 4(a)(1)(A), unless the district court extends the 

appeal period under Fed. R. App. P. 4(a)(5), or reopens the 

appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely 

filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court’s order was entered on the docket on 

June 20, 2014. The notice of appeal was filed on January 15, 

2015. Because Barber failed to file a timely notice of appeal 

or to obtain an extension or reopening of the appeal period, we 

dismiss the appeal. We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the 

decisional process.

DISMISSED
# C_2016202EN.01033701.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/337 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/337

---

2.   Declaration on Article 6(2) of the Treaty on European Union

Declaration on Article 6(2) of the Treaty on European Union

The Conference agrees that the Union's accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms should be arranged in such a way as to preserve the specific features of Union law. In this connection, the Conference notes the existence of a regular dialogue between the Court of Justice of the European Union and the European Court of Human Rights; such dialogue could be reinforced when the Union accedes to that Convention.

---
<TABLE> <S> <C>


<ARTICLE>                     5
                        
<MULTIPLIER>                  1
<CURRENCY>                    U.S. Dollars                
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               MAR-31-1998          
<PERIOD-START>                  APR-01-1997     
<PERIOD-END>                    JUN-30-1997     
<EXCHANGE-RATE>                            1    
<CASH>                             1,588,000   
<SECURITIES>                               0             
<RECEIVABLES>                     13,580,000   
<ALLOWANCES>                       3,882,000   
<INVENTORY>                          392,000   
<CURRENT-ASSETS>                 107,903,000   
<PP&E>                               956,000   
<DEPRECIATION>                       575,000   
<TOTAL-ASSETS>                   109,640,000   
<CURRENT-LIABILITIES>             79,983,000   
<BONDS>                                    0   
<PREFERRED-MANDATORY>                      0   
<PREFERRED>                                0   
<COMMON>                              78,000   
<OTHER-SE>                        29,579,000         
<TOTAL-LIABILITY-AND-EQUITY>     109,640,000   
<SALES>                           11,125,000   
<TOTAL-REVENUES>                  11,125,000   
<CGS>                              9,441,000   
<TOTAL-COSTS>                      9,441,000   
<OTHER-EXPENSES>                           0   
<LOSS-PROVISION>                           0   
<INTEREST-EXPENSE>                         0   
<INCOME-PRETAX>                    1,684,000   
<INCOME-TAX>                         807,000   
<INCOME-CONTINUING>                        0   
<DISCONTINUED>                             0   
<EXTRAORDINARY>                            0   
<CHANGES>                                  0   
<NET-INCOME>                         877,000   
<EPS-PRIMARY>                            .12       
<EPS-DILUTED>                            .12       
        


</TABLE>
<TABLE> <S> <C>

<ARTICLE>                                       5

<S>                                               <C>
<PERIOD-TYPE>                                   9-mos
<FISCAL-YEAR-END>                               Dec-31-1999
<PERIOD-END>                                    Sep-30-1999
<CASH>                                          7859670
<SECURITIES>                                    0
<RECEIVABLES>                                   185198
<ALLOWANCES>                                    0
<INVENTORY>                                     0
<CURRENT-ASSETS>                                0
<PP&E>                                          0
<DEPRECIATION>                                  0
<TOTAL-ASSETS>                                  17222693
<CURRENT-LIABILITIES>                           0
<BONDS>                                         0
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     0
<COMMON>                                        0
<OTHER-SE>                                      13666678
<TOTAL-LIABILITY-AND-EQUITY>                    17222693
<SALES>                                         0
<TOTAL-REVENUES>                                8327830
<CGS>                                           0
<TOTAL-COSTS>                                   0
<OTHER-EXPENSES>                                2170159
<LOSS-PROVISION>                                0
<INTEREST-EXPENSE>                              238336
<INCOME-PRETAX>                                 5919335
<INCOME-TAX>                                    0
<INCOME-CONTINUING>                             5919335
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                                    5919335
<EPS-BASIC>                                     0
<EPS-DILUTED>                                   0


</TABLE>
Order filed April 21, 2015.

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00570-CV

___________

ANTHONY OBI OGBO A/K/A INTERNATIONAL GUARDIAN 

NEWSPAPER, Appellant

V.

PIUS OKAFOR AND JOHN OKAFOR, Appellee

On Appeal from the 295th District Court

Harris County, Texas

Trial Court Cause No. 321010295

O R D E R

No reporter’s record has been filed in this case. The official court reporter 

for the 295th District Court informed this court that appellant had not made 

arrangements for payment for the reporter’s record. On March 25, 2015, the clerk 

of this court notified appellant that we would consider and decide those issues that 

do not require a reporter=s record unless appellant, within 15 days of notice, 

provided this court with proof of payment for the record. See Tex. R. App. P.

37.3(c). Appellant filed no reply. 
Accordingly, we order appellant to file a brief in this appeal within thirty 

days of the date of this order. If appellant fails to comply with this order, the court 

will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). 

PER CURIAM
Order entered July 6, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01028-CR

ADOLPH JUNIOR MENJIVAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court

Dallas County, Texas

Trial Court Cause No. F13-57185-U

ORDER

The State’s July 1, 2015 second motion for extension of time to file the State’s brief is 

GRANTED. The State’s brief received by the Clerk of the Court on July 1, 2015 is DEEMED

timely filed on the date of this order.

/s/ LANA MYERS 

JUSTICE
#### Enos v. Pacific Transfer & Warehouse, Inc.

18128

2/9/96

Denied

80 Hawai'i 345, 910 P.2d 116
SUPREME COURT OF HAWAI'I

#### Abaya v. Mantell.

27195

11/13/2006

Denied

112 Hawai'i 176, 145 P.3d 719
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Page 82439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25889]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: November 24, 2023.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service [supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
November 16, 2023, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail & USPS Ground Advantage[supreg] 
Contract 107 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2024-53, CP2024-54.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2023-25889 Filed 11-22-23; 8:45 am]
BILLING CODE 7710-12-P
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Page 82437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25890]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service\TM\.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: November 24, 2023.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service [supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
November 17, 2023, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail & USPS Ground Advantage[supreg] 
Contract 108 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2024-53, CP2024-54.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2023-25890 Filed 11-22-23; 8:45 am]
BILLING CODE 7710-12-P