alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alexander L. Kahn, Respondent, *v.*William Levenson et al., Appellants.

Supreme Court, Appellate Term, First Department,

December 19, 1957.

*1059
      *Eli H. Mellan*for appellants.

*Hyman Herman*for respondent.

*Per Curiam.*

Appeal from two orders of the Municipal Court-which (1) denied defendants’ motion for summary judgment and (2) allowed plaintiff to serve a supplemental summons and amended complaint upon an additional defendant. According to the complaint and the proposed amended complaint plaintiff seeks recovery for services rendered as an insurance broker to the defendants. Such an action must be based on a writing clearly stating the services to be rendered and the compensation to be paid. Admittedly, there is no such writing and the action is barred (Insurance Law, § 129). However, the affidavits indicate that what plaintiff really intends is an action based on a tortious or fraudulent scheme to prevent plaintiff from recovering commissions earned from an insurance company rather than from defendants. Whether or not all the elements requisite to such an action are present, we have no way of knowing, as neither the pleadings nor the affidavits are designed to bring them out. If they do exist plaintiff may, if so advised, frame his action along those lines. It is to be noted that such complaint will date from the time of its service and we do not at this time express any opinion as to its validity or as to any defenses to it. Said complaint with a supplemental summons may also be served on the proposed additional defendant.

Accordingly, the order denying defendants’ motion for summary judgment should be reversed and motion granted to the extent of dismissing the complaint herein with leave to plaintiff to serve an amended complaint as indicated above, said complaint to be served within 10 days of the service of copy of the order with notice of entry and upon payment of $20 costs; the order granting plaintiff’s motion to serve a supplemental summons and amended complaint upon Henry H. Nitzberg should be modified to the extent that permission to serve the same is conditioned upon compliance with service of an amended complaint in the form and under the terms above set out on *1060the defendants herein, the said amended complaint to be served on such proposed additional defendant to be in the same form, and as so modified affirmed, without costs.

Hofstadter, Stetjbr and Hecht, JJ., concur.

Orders reversed, etc.
#### WILLIAMS v. STATE.

No. 22367.

Court of Criminal Appeals of Texas.

Jan. 20, 1943.

D. P. Parker and A. L. Kirkpatrick, both of Brownwood, for appellant.

Spurgeon E. Bell, State’s Alty., of Austin, for the State.

KRUEGER, Judge.

The offense is theft of a sheep. The punishment assessed is confinement in the state penitentiary for a term of two years.

There are no bills of exception in the record complaining of the introduction of any evidence or relating to any objections to the court’s charge. However, appellant challenges the sufficiency of the evidence to sustain his conviction.

The record discloses that on Saturday, March 14, 1942, at about 11:30 A. M., W. L. Thomas, while traveling on the road between his ranch and that of Mr. L. Lan-ford, noticed a pick-up truck ahead of him. It was going north. After it had crossed a hill it went out of sight, but when he got over the hill, he noticed that a motor vehicle had turned west and then backed up in an easterly direction to the fence of Mr. Lanford’s pasture. Thomas observed that no vehicle had passed over those tracks, and he concluded that the pick-up had made the tracks. He then speeded up his car and overtook the truck and noticed one sheep in it. He observed a black-paint brand on the sheep and that its left ear was cropped, that is, one-half of it was cut off. He took the license number of the truck and turned it over to the Sheriff of Brown County, who, after making some investigation, learned that the truck license had been issued in Mills County. He then called on Mr. Lanford and requested'that he accompany him to Goldth-waite in Mills County. When they arrived in the suburbs of the town, they noticed a pick-up truck bearing the same license number as that given him by Mr. Thomas, which was parked by the side of the road. They then drove to the courthouse, where they made their mission known to the sheriff of said county, who accompanied them to where they had noticed the pick-up truck, and in a small pasture belonging to the appellant they found, among approximately forty sheep, the one belonging to Mr. Lanford. They caught the sheep, examined it and found that the letter “L”, in black paint, had been covered with the letter “A” in red paint; that the paint was so fresh that it “stuck” to their hands. They then examined the pick*767up truck and found signs of sheep having been recently hauled therein.

Appellant did not testify or offer any affirmative defense.

We are of the opinion that the facts and circumstances proven by the State are sufficient to sustain the jury’-s conclusion of the appellant’s guilt. Therefore, the judgment of the trial court is in all things affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Martin, Michael (OST) 

From: Martin, Michael (OST) '"'•-' . 

Sent: Monday, January 09, 2012 6:16 AM 

To: 'Scott Wardwell (scottw@flypresqueisle.com)'; 'Allison Navia (manager@bhbairport.com)'; 

'manager@barharbormalne.gov'; 'kreigc@co.clinton.ny.us';,'gfdoug@hptmail.corrf;.^Michael E. 

Zurlo (zurlom@co.clinton.ny.us)'; Jim A. Bennett (jbennett@presqueisfeme.us) 

Cc: 'Cape Air, Andrew Bonney"; •shane@airchoiceone.com'; 'bob@sovereignairinc.com'; 

'cstork@airchoiceone.com'; Devany. Dennis (OST); Rosenthal, Aaron (OST) 

Subject: EAS at Bar Harbor, Presque Isle, and Plattsburgh 

Attachments: Peninsula proposal at BHB PQI PBG 2012.pdf; Sovereign Air proposal BHB POI PBG 

2012.pdf; Cape Air --Bar Harbor EAS proposal 6JAN12.pdf; Air Choice One EAS Proposal Bar 

Harbor Presque Isle Plattsburgh 2012.pdf 

Everyone: 

I would like to update you on the Essential Air Service (EAS) situation at Bar Harbor and Presque Isle, Maine, and 

Plattsburgh, New York, and give you an opportunity to offer any comments on the record before we submit a 

recommendation to the Assistant Secretary for Aviation and International Affairs. We issued Order 2011-11-26, 

November 22, 2011, (a) prohibiting Colgan Air Inc., operating as US Airways Express, from terminating its subsidized 

service at the above-mentioned communities and, (b) soliciting proposals from carriers interested in providing 

replacement EAS for a new term. In response to our request, four airlines have submitted proposals: 

Air Choice One: proposing to serve Bar Harbor, Presque Isle, and Plattsburgh 

Cape Air: proposing to serve Bar Harbor 

Peninsula Air: proposing to serve Bar Harbor, Presque Isle, and Plattsburgh 

Sovereign Air: proposing to serve Bar Harbor, Presque Isle, and Plattsburgh 

I have attached each airline's bid for your review. 1 expect that each carrier's proposal should be uploaded on 

www.regulations.gov by COB today. We request that you review the proposals and submit any comments you may have 

soon as possible, but no later than Tuesday. February 7. Please send your comments via e-mail to EAS(5)dot.gov. If you 

have any questions, feel free to contact me. 

Regards, 

Michael Martin 

United States Department of Transportation 

Office of Aviation Analysis 

Essential Air Service (EAS) and Small Community Air Service Development Program (SCASDP) 

(202)366-6494 .
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk December 21, 2009

1214 

# Order

December 21, 2009

139660

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 139660 COA: 283456 Kent CC: 06-004901-FH WALTER JAMES JENKINS, III, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the July 21, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-2356

G. MARK SEALS,

Plaintiff - Appellant,

versus

CITY OF WHEELING, West Virginia, as a

municipal corporation; JOSEPH PETRI, former

Wheeling Police Chief, individually and in

official capacity; THOMAS MILLER, Wheeling

Police Officer, individually and in official

capacity; JOHN DANIEL, Wheeling Police

Sergeant, individually and in official

capacity; TARIS FARABEE, Wheeling Police

Officer, individually and in official

capacity; JOHN DOE, One or more un-named,

individually and for officially sanctioned

actions; LAW ENFORCEMENT, any unidentified law

enforcement personnel, individually and in

official capacities; MANUFACTURER/SUPPLIER OF

PEPPER SPRAY, identity of corporation to be

determined and for officially sanctioned

actions; ODGEN NEWSPAPERS, INCORPORATED, a

West Virginia Corporation and for officially

sanctioned actions; OHIO COUNTY, WEST

VIRGINIA, a West Virginia political

subdivision for declaratory and injunctive

relief only; SCOTT SMITH, The Honorable, Ohio

County Prosecuting Attorney, for declaratory

and injunctive relief only; STATE OF WEST

VIRGINIA,

Defendants - Appellees.

Appeal from the United States District Court for the Northern

District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,

District Judge. (CA-02-68-5)
- 2 -

Submitted: March 31, 2004 Decided: April 13, 2004

Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

G. Mark Seals, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 3 -

PER CURIAM:

G. Mark Seals appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed

the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. See Seals v. City of

Wheeling, No. CA-02-68-5 (N.D.W. Va. Oct. 9, 2003). 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
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3626 Received in Senate (RDS)]

113th CONGRESS
  1st Session
                                H. R. 3626

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2013

                                Received

_______________________________________________________________________

                                 AN ACT

 
     To extend the Undetectable Firearms Act of 1988 for 10 years.

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

SECTION 1. EXTENSION OF UNDETECTABLE FIREARMS ACT OF 1988 FOR 10 YEARS.

    Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 
922 note) is amended by striking ``25'' and inserting ``35''.

            Passed the House of Representatives December 3, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting.

*Name:*                         Proposals Review Panel in Earth Sciences (1569).                    

*Date and Time:*                         November 29-December 1, 2000, 8 a.m. to 6 p.m.                    

*Place:*                         IRIS PASSCAL Instrument Center, New Mexico Institute of Mining and Technology, Socorro, New Mexico.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Dr. Daniel F. Weill, Program Director, Instrumentation & Facilities Program, Division of Earth Sciences, Room 785, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230; Telephone: (703) 292-8558.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate Instrumentation & Facilities proposals as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

Dated: October 31, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-28404 Filed 11-3-00; 8:45 am]

BILLING CODE 7555-01-M
(logo)  Rialto 

CAPITAL 

 

 

2015 Annual Statement of Servicer Compliance (Item 1123)

 

 

Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”) dated as of July 1, 2015 by and among Deutsche Mortgage & Asset Receiving Corporation as Depositor, Wells Fargo Bank, National Association as Master Servicer, Rialto Capital Advisors, LLC as Special Servicer, Wilmington Trust, National Association as Trustee, Wells Fargo Bank, National Association as Certificate Administrator, Paying Agent and Custodian and Park Bridge Lender Services LLC as Operating Advisor relating to the Deutsche Mortgage & Asset Receiving Corporation, COMM 2015-PC1 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2015-PC1 **(COMM 2015-PC1)**

 

The undersigned, a duly authorized officer of Rialto Capital Advisors, LLC, as special servicer (the “Special Servicer”) herein certifies to the following:

 

1. All servicing activities and performance of such servicing activities under the Pooling and Servicing Agreement are performed on behalf of the Special Servicer.

 

2. A review of the servicing activities and performance by the Special Servicer for the period of July 14, 2015 to December 31, 2015 (the “Reporting Period”) in accordance with the Pooling and Servicing Agreement has been conducted under my supervision.

 

3. To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of its obligations under the terms of the Pooling and Servicing Agreement, in all material respects for the Reporting Period and if there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof has been specifically identified herein.

 

 

Certified by: /s/ Adam Singer

Adam Singer, Managing Director

 

Date: March 1, 2016
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          558295
<SECURITIES>                                         0
<RECEIVABLES>                                  8531077
<ALLOWANCES>                                    342504
<INVENTORY>                                   20725888
<CURRENT-ASSETS>                              31286760
<PP&E>                                         3110191
<DEPRECIATION>                                  714524
<TOTAL-ASSETS>                                52132357
<CURRENT-LIABILITIES>                         29652040
<BONDS>                                         148421
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                   22333000
<COMMON>                                          2384
<OTHER-SE>                                      (3488)
<TOTAL-LIABILITY-AND-EQUITY>                  52132357
<SALES>                                        9766785
<TOTAL-REVENUES>                               9766785
<CGS>                                          5720662
<TOTAL-COSTS>                                  5720662
<OTHER-EXPENSES>                               3928407
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              393045
<INCOME-PRETAX>                               (275329)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (275329)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (275329)
<EPS-PRIMARY>                                    (.27)
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 190 Agreed to House (ATH)]

103d CONGRESS
  1st Session
H. CON. RES. 190

Providing for the sine die adjournment of the first session of the One 
                        Hundred Third Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

            November 23 (legislative day, November 22), 1993

 Mr. Gephardt submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Providing for the sine die adjournment of the first session of the One 
                        Hundred Third Congress.

    Resolved by the House of Representatives (the Senate concurring), 
That when the House adjourns on the legislative day of Monday, November 
22, 1993, or the legislative day of Tuesday, November 23, 1993, 
pursuant to a motion by the majority leader, or his designee, in 
accordance with this resolution, it stand adjourned sine die, and that 
when the Senate adjourns on any day beginning on Monday, November 22, 
1993 through 11:55 a.m. on Monday, January 3, 1994, pursuant to a 
motion made by the majority leader, or his designee, in accordance with 
this resolution, it stand adjourned sine die or until noon on the 
second day after Members are notified to reassemble pursuant to section 
2 of this resolution: Provided, That the Senate may recess or adjourn 
for any period in excess of three days pursuant to a motion made by the 
majority leader, or his designee, for the duration of the first session 
of the One Hundred Third Congress, subject to section 2 of this 
resolution.
    Sec. 2. The Speaker of the House and the majority leader of the 
Senate, acting jointly after consultation with the minority leader of 
the House and the minority leader of the Senate, shall notify the 
Members of the House and Senate, respectively, to reassemble whenever, 
in their opinion, the public interest shall warrant it.

                                 <all>
```
Exhibit 32.1

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 of Elite Pharmaceuticals, Inc. (the Company) on Form 10-K for the year ended March 31, 2008 filed with the Securities and Exchange Commission (the Report), I,
Chris Dick, Chief Operating Officer and Acting Chief Executive 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:

| | (1) | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and                                                                                                                                        
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) | The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates presented and the consolidated result of operations of
the Company for the periods presented.
|

|Date: January 16, 2009 | /s/ Chris Dick                                                | 
|---------------------- | ------------------------------------------------------------- | 
|                       | Chris Dick                                                   
|                       | Chief Operating Officer and Acting Chief Executive Officer of
|                       | Elite Pharmaceuticals, Inc.                                  

This certification has been furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

A signed original of this written statement required by Section 906 has been provided to Elite Pharmaceuticals, Inc. and will be retained by Elite Pharmaceuticals Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.



---