alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### COUGHRAN v. SMITH.

No. 11232.

Court of Civil Appeals of Texas. San Antonio.

Dec. 16, 1942.

*816O. F. Burney, of Floresville, for appellant.

D. R. Voges, of Floresville, for appellee.

SMITH, Chief Justice.

Appellee, J. M. Smith, brought this suit and recovered of appellant, Joe Coughran, the amount of a claimed 5% broker’s commission alleged to have been earned by appellee in procuring for appellant the sale of a parcel of real estate in Wilson County.

It was conclusively shown that appellee relied solely upon an alleged oral agreement with appellant whereby the latter listed the property with appellee and promised to pay him 5% commission on the price obtained for the property. Sufficient proof was made of the oral agreement and of the sale in pursuance thereof, and appropriate jury findings of those facts were elicited.

It was also shown that in the course of appellee’s negotiations with the prospective purchaser he wrote appellant that he had an offer of $12 per acre for the property, and in reply, appellant wrote appellee and asked him to “see if you can’t get him up to $15,” which appellee subsequently did. Appellee insists that this exchange of letters amounted to a contract or memorandum in writing within the contemplation of § 22, Art. 6573a, Vernon’s Civ.Stats., which reads as follows: “Sec. 22. No action shall be brought in any court in this State for the recovery of any commission for the sale or purchase of real estate unless the promise or agreement upon which such action shall be brought, or some memorandum thereof, shall be in writing and signed by the party to be charged therewith or by some person by him thereto lawfully authorized. * * * Acts 1939, 46th Leg., p. 560.”

We are of the firm opinion that under the quoted statute appellee was absolutely prohibited from recovering his alleged commission. The statute is plain, unequivocal and mandatory. Landis v. W. H. Fuqua, Inc., Tex.Civ.App., 159 S.W.2d 228, writ refused; Goen v. Hamilton, Tex.Civ.App., 159 S.W.2d 231; Walker v. Keeling, Tex.Civ.App., 160 S.W.2d 310.

Appellee made no pretense of meeting the requirement of the statute, but seeks to evade it solely by virtue of his letter to appellant in which he wrote that he had an offer of $12 per acre for the land, and appellant’s reply asking appellee to try to prize the offer to $15 per acre. This correspondence cannot by any stretch of construction be given effect as a written contract or memorandum whereby appellant employed appellee as a broker to procure the sale of the property and pay him 5% commission of the price procured by him therefor.

The judgment is reversed and, the facts being fully developed and conclusive, judgment will be here rendered that appellee take nothing by his suit.

Reversed and rendered.

Opinion delivered and filed December 16, 1942.
In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-897V

Filed: October 29, 2014

* * * * * * * * * * * * * * *

LAURA J. LEBEL, * UNPUBLISHED

* 

 Petitioner, * Special Master Hamilton-Fieldman

* 

v. * 

* Decision on Attorneys’ Fees and Costs;

SECRETARY OF HEALTH AND * Reasonable Amount Requested to 

HUMAN SERVICES, * which Respondent Does Not Object.

* 

Respondent. * .

* * * * * * * * * * * * * * *

Paul M. Iannaccone, RisCassi & Davis, P.C., Hartford, CT, for Petitioner.

Gordon Shemin, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION1 (ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,2 the undersigned

issued a decision awarding compensation on September 19, 2014. On October 28, 2014, the 

parties filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests that the 

undersigned approve an award of $24,536.28 in total attorneys’ fees and costs. Pursuant to 

General Order #9, the stipulation reflects that Petitioner personally incurred no costs in pursuit of 

her claim.

The undersigned finds that this petition was brought in good faith and that there existed a 

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 

42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and 

1 The undersigned intends to post this unpublished decision on the United States Court of 

Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-

347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As 

provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of 

any information furnished by that party (1) that is trade secret or commercial or financial 

information and is privileged or confidential, or (2) that are medical files and similar files the 

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the 

entire” decision will be available to the public. Id.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. 

§ 300aa-10 et seq. (2006). 

1

 
appropriate. Accordingly, the undersigned hereby awards the amount of $24,536.28, in the 

form of a check made payable jointly to Petitioner and Petitioner’s counsel, Paul 

Iannaccone, of the law firm of RisCassi & Davis, P.C.

In the absence of a timely-filed motion for review filed pursuant to Appendix B of the 

Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in 

accordance herewith.

IT IS SO ORDERED.

s/Lisa D. Hamilton-Fieldman

Lisa D. Hamilton-Fieldman

Special Master

2
April 19, 2017

VIA EDGAR

United States Securities and Exchange Commission

|Re: | First Mining Finance Corp. (the
      Company)
|--- | ------------------------------------------------
|    | Annual Report on Form 40-F                      
|    | Consent of Expert                               
|    |                                                 

This letter is provided in connection with the Companys Form
40-F annual report for the year ended December 31, 2016 (the Annual
Report) to be filed by the Company with the United States Securities and
Exchange Commission (the SEC). The Annual Report incorporates by
reference the Annual Information Form of the Company for the year ended December
31, 2016.

I, Bruce Murphy, P.Eng., FSAIMM, of SRK Consulting (Canada)
Inc., hereby consent to the use of my name in connection with reference to my
involvement in the preparation of the following technical report:

Preliminary Economic Assessment for
the Springpole Gold Project, Ontario, Canada dated October 7, 2016 (the
Technical Report).

and to references to the Technical Report, or portions thereof,
in the Annual Report and to the inclusion and incorporation by reference of the
information derived from the Technical Report in the Annual Report.

Yours truly,

/s/ Bruce Murphy, P.Eng., FSAIMMBruce Murphy, P.Eng., FSAIMMPractice LeaderSRK Consulting (Canada) Inc.
Case 2:22-cr-00053-Z-BR Document 88 Filed 10/26/22 Page 1 of 1 PageID 231
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          56,022
<SECURITIES>                                         0
<RECEIVABLES>                                      810
<ALLOWANCES>                                         0
<INVENTORY>                                     10,499
<CURRENT-ASSETS>                               114,832
<PP&E>                                          68,734
<DEPRECIATION>                                  17,772
<TOTAL-ASSETS>                                 168,779
<CURRENT-LIABILITIES>                          680,328
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     (554,779)
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   168,779
<SALES>                                         19,192
<TOTAL-REVENUES>                                19,192
<CGS>                                            1,956
<TOTAL-COSTS>                                  499,982
<OTHER-EXPENSES>                               137,272
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              83,621
<INCOME-PRETAX>                              (702,932)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (702,932)
<EPS-BASIC>                                     (0.06)
<EPS-DILUTED>                                   (0.06)


</TABLE>
NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-1016

DEERE & COMPANY,

Appellant,

v.

INTERNATIONAL TRADE COMMISSION,

Appellee,

and

BOURDEAU BROTHERS, INC., OK ENTERPRISES,

and SUNOVA IMPLEMENT CO.,

Intervenors.

On appeal from the United States International Trade Commission

in Investigation No. 337-TA-487.

ON MOTION

Before NEWMAN Circuit Judge.

ORDER

Upon consideration of the appellee's motion for an extension of time to file its

brief, and the intervenors' motion for an extension of time to file their brief,

IT IS ORDERED THAT:

The motions are granted. The briefs are due July 8, 2009.

FOR THE COURT

MAY 2 9 2009

/s/ Jan Horbalv

Jan Horbaly

Clerk

Date UFOR

THE FINEWSHIT

MAY 2 9 2009

ciziac
cc:	Bassam N. Ibrahim, Esq.

Mark B. Rees, Esq.

David P. Miranda, Esq.

s8

2009-1016	 - 2 -
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 217 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. J. RES. 217

 To authorize the President to proclaim September 1993 as ``Classical 
                             Music Month''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1993

Mr. Yates introduced the following joint resolution; which was referred 
           to the Committee on Post Office and Civil Service

_______________________________________________________________________

                            JOINT RESOLUTION

 
 To authorize the President to proclaim September 1993 as ``Classical 
                             Music Month''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the President is hereby 
authorized and requested to issue a proclamation designating September 
1993 as ``Classical Music Month'' and calling upon the people of the 
United States to observe such a month with appropriate ceremonies and 
activities.

                                 <all>
```
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 102 Introduced in House (IH)]

103d CONGRESS
  1st Session
H.J. RES. 102

 Providing for the appointment of Barber B. Conable, Jr. as a citizen 
                 regent of the Smithsonian Institution.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1993

 Mr. Mineta (for himself, Mr. Natcher, and Mr. McDade) introduced the 
  following joint resolution; which was referred to the Committee on 
                          House Administration

_______________________________________________________________________

                            JOINT RESOLUTION

 
 Providing for the appointment of Barber B. Conable, Jr. as a citizen 
                 regent of the Smithsonian Institution.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,
That in accordance with section 5581 of the Revised Statutes of the 
United States (20 U.S.C. 43), the vacancy on the Board of Regents of 
the Smithsonian Institution, in the class other than Members of 
Congress, be filled by the appointment of Barber B. Conable, Jr. of New 
York. The appointment is for a term of six years and shall take effect 
upon the date of enactment.

                                 <all>
```
Case 2:22-cr-00081-Z-BR Document 31 Filed 09/15/22 Page 1 of 1 PageID 64
(logo) pwc

  

Report of Independent Registered Public Accounting Firm

 

To the Board of Directors, PNC Financial Services Group, Inc.:

 

We have examined management's assertion, included in the accompanying Report on Assessment of Compliance with Regulation AB Servicing Criteria, that Midland Loan Services, a division of PNC Bank, National Association (“Midland” or the “Company”) complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange Commission's Regulation AB for all transactions serviced onthe *Enterprise!*Loan Management System (the “Platform”), as of December31, 2015 and for the year then ended, excluding criteria 1122(d)(1)(iii), 1122(d)(3)(i)(B), 1122(d)(3)(i)(C), 1122(d)(3)(i)(D), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), and 1122(d)(4)(xv), which the Companyhas determined are not applicable to the servicing activities performed by it with respect to the Platform.Management is responsible for the Company's compliance with the servicing criteria. Our responsibility is to express an opinion on management's assertion based on our examination.

 

Our examination was conducted in accordance with attestation standards of the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of selected asset-backed transactions and securities that comprise the Platform, testingof selected servicingactivities related to the Platform, and determining whetherthe Company processed those selected transactions and performed those selected activities in compliance with the applicable servicing criteria. Our procedures were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report. Our procedures were not designed to detect noncompliance arising from errors that may have occurred prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company's compliance with the servicing criteria.

 

In our opinion, management's assertion that Midland complied with the aforementioned applicable servicing criteria as of and for the year ended December 31, 2015 for the Platform is fairly stated, in all material respects.

 

 

/s/ PricewaterhouseCoopers LLP

February 25, 2016

 

 

PricewaterhouseCoopers LLP, 1100 Walnut Street, Suite 1300, Kansas City, MO 64106 

*T: (816) 472 7921, F: (816) 218 1890 www.pwc.com/us*
IA

103D CONGRESS

1ST SESSION H. J. RES. 150

Designating April 2, 1993, as ‘‘Education and Sharing Day, U.S.A.’’.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1993

Mr. GEPHARDT (for himself and Mr. GINGRICH) introduced the following joint

resolution; which was referred to the Committee on Post Office and Civil

Service

JOINT RESOLUTION

Designating April 2, 1993, as ‘‘Education and Sharing Day,

U.S.A.’’.

Whereas the Congress recognizes that ethical teachings and

values have played a prominent role in the foundation of

civilization and in the history of our great Nation;

Whereas President William J. Clinton has indicated that ethical considerations will inform all of the decisions of his

Administration;

Whereas ethical teachings and values have formed the cornerstone of society since the dawn of civilization and found

expression in the Seven Noahide Laws;
2

•HJ 150 IH

Whereas sharing and education represent two pillars of these

Laws and of ethical conduct;

Whereas Rabbi Menachem Mendel Schneerson, the leader of

the Lubavitch movement, is revered worldwide for the

contributions he has made to education and sharing;

Whereas the 2,000 educational, social, and rehabilitative institutions administered by Lubavitch advance these ideals

for the millions of people whom they serve each year;

Whereas Rabbi Menachem Mendel Schneerson has interpreted, in the miraculous events of our times, the increasing vitality of these ideals for the furtherance of human

understanding and betterment;

Whereas the extraordinary life and work of Rabbi Menachem

Mandel Schneerson have long been acknowledged by the

Congress through the enactment of Joint Resolutions

designating his birthday in each of the last 15 years as

‘‘Education Day, U.S.A.’’;

Whereas the Lubavicher Rebbe’s 91st birthday falls on

April 2, 1993;

Whereas in tribute to this esteemed spiritual leader, the

Lubavicher Rebbe’s birthday will be designated as ‘‘Education and Sharing Day, U.S.A.’’; and

Whereas such designation will signal a renewal of our Nation’s commitment to greater acts of charity, to an enriched emphasis on education, and to the furtherance of

ethnical teachings and values in the affairs of government

and in the lives of our citizens: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That April 2, 1993, the birthday, and the culmination of
3

•HJ 150 IH

1 the celebration of the 90th birthday year, of Rabbi

2 Menachem Mendel Schneerson, leader of the worldwide

3 Lubavitch movement, is designated as ‘‘Education and

4 Sharing Day, U.S.A.’’. The President is requested to issue

5 a proclamation calling upon the people of the United

6 States to observe such day with appropriate ceremonies

7 and activities.

Æ
Exhibit


EXHIBIT 10.2




POLICIES AND PROCEDURES            PAGE 1 OF 1            NO. RS-06-A
DATE:        25 AUGUST 2015
SUBJECT:      SENIOR MANAGEMENT BENEFITS
SCHEDULE A


In addition to all of the fringe benefits provided to salaried employees the Chief Financial Officer (hired after 12/1/14), Vice President of Human Resources, General Counsel and Vice President of Corporate Development, Division Vice Presidents/General Managers, Chief Technology Officer and the Chief Information Officer (the “Senior Managers”) will have the following additional benefits:


		
	1.
	Insurance premiums will be one-half the amount paid by regular salaried employees with equal seniority for all individual and family health coverage.  Life, disability and dental insurance coverage will be paid in full.




		
	2.
	Supplemental health insurance benefits for the Senior Managers and dependents up to 4% of the total of the current base salary.  




		
	3.
	Health Club membership or equivalent in home exercise equipment.




		
	4.
	Group Life Insurance and A.D. & D. at 2.0 times annualized base salary as of January 1st each year.  The Group Life Insurance / AD&D policy is updated annually on February 1st each year, and the benefit will be limited to the maximum benefit offered by the current life insurance carrier. 




		
	5.
	Full pay for sick leave up to a point where disability insurance coverage begins.  Disability insurance is 60% of base salary, non-integrated with Social Security.  Provisions of the actual policy will govern the exact amount of payments.




		
	6.
	Two additional weeks of paid vacation in addition to the regular established vacation policy.




		
	7.
	Physical examination provided by the Company will be given on a biennial basis to age 60 on individuals who are asymptomatic, annually if symptomatic.  Above age 60 examinations will be annually.




		
	8.
	Senior Manager’s annual base salary will be grossed up at the end of the calendar year to compensate for the additional payroll and income tax burden created by the treatment of benefits under Numbers 1, 2, 4 and 7, above, as additional income. 












SchA.exh.10.2file8.25.15RS-06policiesand procedures-senior-mgrs 12-1-10 updated 10-21-10 by tad.fortitles12.1.14
IA

103D CONGRESS

1ST SESSION H. J. RES. 174

Increasing the statutory limit on the public debt.

IN THE HOUSE OF REPRESENTATIVES

MARCH 31, 1993

Engrossed and deemed passed

JOINT RESOLUTION

Increasing the statutory limit on the public debt.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That subsection (b) of section 3101 of title 31, United

4 States Code, is amended by striking out the dollar limita5 tion contained in such subsection and inserting in lieu

6 thereof $4,731,900,000,000.

Æ
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

UNITED STATES OF AMERICA §

§

v. § 2:22-CR-00028-Z-BR

§

JOSEPH FRANCIS SAMORA (5) §

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

JOSEPH FRANCIS SAMORA (5), by consent, under authority of United States v. Dees, 125 F.3d 261 (5th Cir. 

1997), has appeared before me pursuant to FED. R.CRIM. P. 11, and has entered a plea of guilty to Count 9 of the Indictment.

After cautioning and examining JOSEPH FRANCIS SAMORA (5) under oath concerning each of the subjects mentioned 

in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the offense charged is supported by 

an independent basis in fact containing each of the essential elements of such offense. I therefore recommend that the plea 

of guilty be accepted, and that JOSEPH FRANCIS SAMORA (5) be adjudged guilty of 21 U.S.C. §§ 841(a)(1) and 

841(b)(1)(C) - POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE and have sentence imposed 

accordingly. After being found guilty of the offense by the District Judge,

☒ The defendant is currently in custody and should be ordered to remain in custody.

☐ The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(1) unless the Court finds by clear and 

convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the community 

if released.

☐ The Government does not oppose release.

☐ The defendant has been compliant with the current conditions of release.

☐ I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to any other 

person or the community if released and should therefore be released under § 3142(b) or (c).

☐ The Government opposes release.

☐ The defendant has not been compliant with the conditions of release.

☐ If the Court accepts this recommendation, this matter should be set for hearing upon motion of the 

Government.

☐ The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(2) unless (1)(a) the Court finds there is a 

substantial likelihood that a motion for acquittal or new trial will be granted, or (b) the Government has 

recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly shown 

under § 3145(c) why the defendant should not be detained, and (2) the Court finds by clear and convincing evidence 

that the defendant is not likely to flee or pose a danger to any other person or the community if released.

Date: July 13, 2022

______________________________________

UNITED STATES MAGISTRATE JUDGE

NOTICE

Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its 

service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States 

District Judge. 28 U.S.C. § 636(b)(1)(B).

Case 2:22-cr-00028-Z-BR Document 137 Filed 07/13/22 Page 1 of 1 PageID 325